A. 
Unless otherwise listed below, the numbers, abbreviations, terms and words used herein shall have the meanings of common usage as set for the in the latest edition of Webster's New Collegiate Dictionary. Terms of law shall have the meaning as set forth in the latest edition of Black's Law Dictionary.
B. 
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means "in this chapter;" the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this chapter" shall mean this local law and the schedules and maps included herein, as enacted or subsequently amended.
C. 
The word "person," as used in this chapter, shall be defined to include, but not be limited to, an individual, a partnership, a joint venture, a corporation, an unincorporated association, a firm or any other form or entity, contractors, subcontractors or journeymen.
D. 
The word "lot" includes the word "plot."
E. 
The term "occupied" or "used," as applied to any land or building, shall be construed to include the words "intended," arranged" or "designed to be occupied or used."
F. 
"Shall" is always mandatory, except when applied to public officials, in which event "shall" is directory.
G. 
Those terms related to building and land use that have not been defined herein shall have the meaning give to them under the New York State Uniform Fire Prevention and Building Codes.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A dwelling unit, with its own cooking, sanitary and sleeping facilities, which is part of a single-family dwelling or residential accessory structure and subordinate to the primary dwelling in terms of size, location and appearance and is located on the same lot and which meets the criteria specified in § 195-22 of this chapter. Either the accessory apartment or primary single-family dwelling must be owner-occupied.
ACCESSORY USES/STRUCTURES
All uses that are customarily incidental to and subordinate to a particular principal use or structure on the same lot; this includes but is not limited to garages, water towers, bars, silos, produce storage, packing warehouses, storage buildings, maintenance, storage and repair of machinery, outdoor displays of merchandise, satellite stations/antennas, seasonal roadside stands, signs and swimming pools. Accessory uses/structures must be permitted within the zoning district in which they are located. Residences may be accessory structures, provided that they are customarily incidental to a particular commercial principal use.
[Amended 10-16-2012 by L.L. No. 1-2012]
ADEQUATE COVERAGE
Wireless communications coverage is considered to be adequate within the service area of the Town of Wawayanda if the minimum standards set forth by the Federal Communications Commission to permit the applicant to operate a personal wireless communications service within the area are met.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT CABARET
A. 
An establishment devoted to adult entertainment either with or without a liquor license, presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
B. 
A cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators or similar entertainers for observation by patrons.
ADULT THEATER
An establishment which regularly features live performances, films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas as defined herein. An adult theater shall also include drive-in theaters and establishments where such materials or performances are viewed from one or more individual enclosures or booths.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined above.
AGRICULTURAL DATA STATEMENT
An identification of farm operations within an agricultural district located within 500 feet of the boundary of property upon which a subdivision is proposed, as provided in § 305-a of the Agriculture and Markets Law of the State of New York. An agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains farm operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a tax map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
AGRICULTURAL DISTRICT
A district created under § 305 of the Agriculture and Markets Law with the intent to provide for the protection and enhancement of agricultural land as a viable segment of the local economy and environmental resource of major importance.
AGRICULTURAL STRUCTURES
Structures originally intended primarily or exclusively for support of an agricultural function, and exemplified by, but not restricted to, barns, silos, water towers, windmills and greenhouses. In an effort to preserve these structures and provide income to the owner when farming is no longer possible, compatible nonagricultural uses are allowed by special use permit.
AGRICULTURAL STRUCTURES — REUSE
Storage, processing and packaging buildings may include coolers, packing houses, and other permitted uses, such as barns, residences, art space/craft space, retail and day care. These buildings may be used for nonagricultural activities, such as warehousing and long-term storage, when conducted without public hazard or nuisance caused by odor, noise, smoke, dust or traffic generation. Outside storage associated with reuse of agricultural buildings shall not be permitted. Buildings, when reused, shall meet the requirements of the NYS Uniform Fire Prevention and Building Code in effect at the time of application.
[Added 3-4-2021 by L.L. No. 2-2021]
AGRICULTURE
An enterprise in which activities include the cultivation of food, fiber or horticultural crops or the raising of livestock or poultry in accordance with the New York State Agriculture and Markets Law.
AGRICULTURE RESEARCH/DEVELOPMENT LABORATORIES
Land and/or structures used for experimentation in pure or applied research, design, development and production of prototype machines or of new products specifically related to agricultural uses, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any materials or products.
AGRICULTURE, EQUIPMENT REPAIR
Land whose primary purpose is the storage, maintenance and repair of machinery related to agricultural uses.
AGRICULTURE, NURSERIES AND GREENHOUSES (WITHOUT RETAIL)
Land used for the cultivation of trees, shrubs and/or other plants are propagated for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before transplanting. This use does not include retail.
AGRICULTURE, ON-FARM FOOD-PROCESSING ACTIVITIES WITH WHOLESALE AND RETAIL TRADE AREAS
A facility used for the cooking, dehydrating, refining, bottling, canning or other treatment of agricultural products which prepares the naturally grown product for consumer use. May include wholesale and retail as secondary uses.
AGRICULTURE, RETAIL SALE OF FARM, NURSERY AND RELATED PRODUCTS
An establishment whose primary purpose is the retail sale of farm, nursery and related products, including but not limited to fruits, vegetables and plants (includes farmers' markets, farm stands, and seasonal roadside stands not in conjunction with a working farm).
AGRICULTURAL TOURISM
Activities, including the production of maple, sap and pure maple products therefrom, farm and winery tours, equine activities both outdoors and indoors but excluding equine therapy, U-pick farm operations, including Christmas trees, hiking, hunting and other forms of outdoor recreation offered to farm visitors, conducted by a farmer on an active farm for the enjoyment and/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.
[Amended 3-4-2021 by L.L. No. 2-2021]
AGRICULTURE, WAREHOUSING/WHOLESALING FARM/NURSERY PRODUCTS
Land and/or structures utilized for the storage of agricultural goods, wares and merchandise, whether for the owner or for others, and/or an establishment or place of business primarily engaged in selling and/or distributing agriculture-related merchandise to retailers; to industrial, commercial, institutional, 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.
ALTERATION
In regards to a structure, a change to or rearrangement of the structural parts or exterior appearance, or any expansion thereof, whether by extension of any side or by any increase in height, or the moving of such structure from one location to another.
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles and similar alternative-designs, including structures that camouflage or conceal the presence of antennas or towers.
AMATEUR RADIO SERVICE
A federally licensed radio-communication service for the purpose of self-training, intercommunications and technical investigations carried out by amateurs, that is, duly authorized persons interested in a radio technique solely with a personal aim and without pecuniary interest particularly with respect to providing emergency communications. (As per Code of Federal Regulations, Title 47, Part 97.)
ANIMAL HOSPITALS
A facility for the medical or surgical care and treatment of animals, including veterinary clinics.
ANNUAL MEMBERSHIP CLUBS
A nonprofit organization established for the purpose of offering services of a community or recreational nature to its membership.
ANTENNAS
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radio, navigation radio, television, wireless and microwave communications.
APPLICANT
Any person, corporation or other entity applying for a building permit, certificate of occupancy, special use permit, site plan, sign permit or subdivision approval, variance or zoning amendment.
AUTO BODY SHOPS
See "vehicle services."
AUTOMOTIVE SERVICE STATIONS
See "vehicle services."
AWNING
A roof-like covering of metal, fabric or similar material attached to a frame and attached to or supported entirely by a building.
BASEMENT
That space of a building that is partly below grade which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
BED-AND-BREAKFAST
An owner-occupied dwelling used for renting accommodations to transient, fee-paying guests and providing not more than one meal (breakfast) daily to lodging guests only.
BUFFER AREA
The ground area of a lot which shall be left in its natural state or planted, as may be required by code and/or district regulations or the Planning Board (or Town Board, if applicable) as part of site plan review.
BUILDING
Any structure having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals, property or other materials, including any combination of materials forming any construction. The term "building" shall include the term "structure," as well as the following:
A. 
Signs.
B. 
Walls and retaining walls.
C. 
Radio, television and microwave antennas, except for such antennas installed on the roof of a building and extending not more than 10 feet above the highest level of the roof of such building.
D. 
Pergolas, porches, decks, outdoor bins and other similar structures.
E. 
Fixed awnings.
F. 
Swimming pools.
G. 
Transmission towers.
H. 
A structure requiring a subsurface support or base, such as a footing or sleeve for a flagpole or sign.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the roof (for flat roofs), to the decline of mansard roofs, or to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING INSPECTOR
The Town official authorized to administer and enforce the Building Code. See also "Code Enforcement Officer."
CAMP, SUMMER
A tract of land to be used for seasonal or temporary occupancy from May 15 to October 15, primarily for children, offering sports, handcrafts and other outdoor-oriented recreational activities. Summer camps may include tents or similar rustic structures along with accessory buildings and facilities, such as recreational areas, dining halls, kitchen facilities, and indoor gymnasiums.
CAMPGROUND
An area or RV park for users of tents, recreational vehicles, travel trailers and similar vehicles to reside, park, rent or lease on a temporary basis for vacation or recreational purposes. Campgrounds may include accessory building and facilities such as recreational areas, dining halls, kitchen facilities, indoor gymnasiums, and group meeting facilities.
CEMETERY
A place used for burials, whether in the ground or in mausoleums.
[Amended 3-4-2021 by L.L. No. 2-2021]
CENTRAL WATER AND SEWER
Communal sewage disposal and water supply systems approved by the Town Board and any other agencies having jurisdiction.
CHANGE OF USE
When there is a change of use from one use category to another use category described in the table of uses of this chapter; when a use has exceeded the scope of its original permit; or when a use requires a new permit from any governmental agency. A change of ownership or tenancy shall not be considered a change of use. When a change of use occurs, a new site plan review is required and should concentrate on ensuring that signage, lighting and, where appropriate, landscaping and sidewalk standards are met and adequate water, sewer and parking are provided.
CHAPTER
Chapter 195 of the Code, which consists of the Town's Zoning Law and regulations.
CLUSTER SUBDIVISION or CLUSTER DEVELOPMENT
See "conservation subdivision."
CODE (or alternatively, TOWN CODE)
The Code of the Town of Wawayanda, which is the codification of local laws, ordinances and regulations of the Town of Wawayanda.
CODE ENFORCEMENT OFFICER
The individual who is appointed by the Town Board and authorized by this chapter for purposes of administering and enforcing the provisions of this chapter as well as the Town Code and NYS Building and Fire Codes. The Code Enforcement Officer may also be the Building Inspector.
[Amended 3-4-2021 by L.L. No. 2-2021]
CO-LOCATION
The siting and/or mounting of multiple communications facilities used by the same provider, or by two or more competing providers, on the same property and/or antenna support structure or a communications tower.
COMMUNITY SYSTEM
A sewer or septic system, water system, or both, which provides sanitary sewer or septic service and/or water to a particular development or area and which is owned and operated by a private organization, entity or corporation and not by the Town or other governmental entity. Also see "public system."
COMPREHENSIVE PLAN
The Comprehensive Plan of the Town of Wawayanda, as amended, revised and/or updated from time to time.
CONSERVATION SUBDIVISION
See "subdivision, conservation." See also "residential cluster development."
CONTRACTOR YARD
A lot or piece of land on which vehicles, tools and equipment used in construction by contractors are parked, stored, loaded and unloaded. Materials and supplies may also be stored, loaded and unloaded. This term also includes contractor's office and storage buildings located on site.[1]
[Amended 10-16-2012 by L.L. No. 1-2012]
CONVENIENCE STORE, MINI-MART
A retail store, less than 5,000 square feet, that is designed and stocked primarily to sell food, beverages and household supplies, having no more than 12 customer seats, to customers who purchase only a relatively few items.
[Added 11-4-2010 by L.L. No. 2-2010]
CURB CUT
A driveway or other entranceway to a public highway requiring a break in the curbline or shoulder.
DAY-CARE CENTER
Daytime care or instruction of three or more individuals, away from their own homes for more than three hours but less than 24 hours per day on a regular basis, by an individual, association, corporation, institution or agency, whether or not for compensation or reward.
DISTRICT
See "zoning district."
DWELLING, MULTIFAMILY
A building or portion thereof containing more than two dwelling units but intended for single ownership. Single ownership is not intended to preclude cooperative or condominium ownership.
DWELLING, ONE-FAMILY
A detached building designed or occupied exclusively by one family and having two side yards, with at least 960 square feet of living area, erected on a permanent foundation, with/without basement.
DWELLING, ONE UNIT IN NONRESIDENTIAL BUILDING (MIXED USE)
A dwelling residing in a building whose primary use is nonresidential, such as an apartment above a retail store.
DWELLING, TWO-FAMILY
A building designed as a single structure, containing two separate living units, each of which is designed to be occupied as a separate permanent residence for one family.
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrances or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. The rental units/rooms in a boardinghouse, dormitory, motel, inn, nursing home or other similar building shall not be deemed to constitute dwelling units.
ENTERTAINMENT
Singing, dancing, live music, a disc jockey (DJ), karaoke machine, comedy or other form of entertainment is permitted in connection with a catering establishment, tavern, nightclub or restaurant business or an establishment directly or indirectly selling to the public food or drink, except eating or drinking places which provide incidental musical entertainment performed by fewer than three people with no amplification, or through a central audio system, including the use of a jukebox.
[Added 10-16-2012 by L.L. No. 1-2012]
ESSENTIAL SERVICES
Services provided by public and private utilities, including underground, surface or overhead gas, electrical, steam, water, sanitary sewerage, stormwater drainage, and communications systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations and hydrants, along with normal accessory activities. "Public utility" and "private utility" are defined to mean a corporation or other entity, whether public or private, whose purpose is to generate and/or distribute gas, electricity, steam, water, sanitary sewerage, stormwater, drainage, communications or similar service and accessories thereto for use by the public, whether or not such corporation or entity is regulated by the New York Public Service Commission.
FAMILY
Any number of persons related by blood, marriage or adoption, or any number of persons who are not so related, living together as a single nonprofit housekeeping unit, using all rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together.
FARM MACHINERY
Farm tractors and implements such as hay rakes and plows or other mechanized equipment relating to agriculture production.
FARMERS' MARKETS
See "agriculture, retail sale of farm, nursery and related products" and "agriculture, tourism activities on ongoing farm operation."
FLAG LOT
A lot so shaped and designed that the main portion of the lot is set back from the public street or road on which it fronts, is situated behind one or more lots, and is connected to such frontage road or street only by means of a relatively narrow strip of land.[2]
FLOOR AREA, GROSS
The sum of the area of all floors of a building as measured from the exterior walls.
FOOD/SERVICES BUSINESS
An eating establishment that provides table service. A food service shall not be construed to mean either an establishment that primarily dispenses alcohol beverages or fast-food restaurants.
[Added 3-4-2021 by L.L. No. 2-2021]
FORESTRY, COMMERCIAL
The cutting and removal (harvesting) of living trees in excess of 12 inches in diameter, on 10 acres of land or more, at 10 trees per acre or more in any one year.
FUNERAL HOME
A building or part thereof used and occupied by a professional licensed mortician for burial preparation and funeral services.
[Added 3-4-2021 by L.L. No. 2-2021]
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises. Garage space is not classified as living area even when part of a dwelling. Detached garages for residences are accessory structures under this Code.[3]
HABITABLE SPACE
Space occupied by one or more persons living, sleeping, eating or cooking. Restaurants for employees and occupants, kitchens serving them and kitchenettes shall not be deemed to be habitable space.
HAZARDOUS
Any material or substance defined by the United States Environmental Protection Agency (USEPA) as hazardous or toxic due to its characteristics, including but not limited to direct or indirect toxicity, radioactivity, explosiveness and flammability, or other characteristics as the USEPA or its successors may revise from time to time.
HEALTH FACILITIES
A facility or institution principally engaged in providing services for human health maintenance, including a hospital, nursing home, assisted living facility, physical rehabilitation center, medical clinic or medical laboratory.
HOME OCCUPATION, MINIMAL IMPACT
An activity carried out for gain by a resident and conducted as an accessory use in the resident's dwelling unit or on the site of the residence as defined in § 195-21.
HOME OCCUPATION, OTHER
An activity carried out for gain by a resident and conducted as an accessory use in the resident's dwelling unit or on the site of the residence. This use category contains all home occupations that do not qualify as minimal impact.
HOSPITAL
See "health facilities."
HOTEL
One or more buildings offering transient lodging accommodations to the general public, and which may provide related facilities, such as areas for group assembly, conference center, banquet facility, a central kitchen only, and a central dining room within the building or in an accessory building. A hotel or motel shall not constitute an individual’s or family’s residence, except for a live-in manager, and shall not be construed to be a multifamily dwelling. A guest may stay at a hotel or motel for no more than 30 consecutive days and for no more than a total of 30 days within a five-week period. A hotel or motel shall not be construed to include bed-and-breakfast establishments, mobile homes, campers or campgrounds.
[Amended 9-2-2021 by L.L. No. 4-2021]
HOUSING FOR MIGRATORY WORKERS
A building or portion thereof containing dwelling units for transient individuals employed seasonally to perform manual labor associated with planting, harvesting or other agricultural operations.[4]
INDUSTRIAL USES
Uses involving manufacturing or processing involving changing the nature, size, or shape of substances of raw materials or recombining raw materials. Industrial uses may involve the use of chemical applications, heat, pressure or other mechanical processing methods.
JUNKYARD
An area of land, with or without buildings, used for or occupied by a deposit, collection or storage, outside a completely enclosed building, of used or discarded materials, such as wastepaper, rags or scrap metal, or used building materials, house furnishings, machinery, or parts thereof, with or without dismantling, processing, salvage, sale or use or disposition of same.
KENNEL
A use of property or structure that involves the housing of five or more dogs. A kennel that is used solely for the keeping of dogs for the residents located on the same property or for breeding purposes where no more than one dog is bred at any one time is considered a private kennel. A kennel that is used for the keeping or housing of dogs for a fee or for nonprofit humane purposes (with or without attendant commercial services such as grooming, breeding or veterinary care or adoption services) is considered a commercial kennel and is regulated by § 195-45 of this chapter.
LIGHT MANUFACTURING
Manufacturing or industrial uses of processing, fabrication or assembly that are of a nonpolluting nature, particularly in regard to reservoir and groundwater resources, and in regard to ambient air quality, noise and light pollution. This use category includes printing, technology manufacturing, research and development laboratories, testing, repair and packaging of components, devices and equipment systems.
LOT
A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
A. 
CONFORMINGA lot having not less than minimum area and dimensions required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
B. 
NONCONFORMINGA lot of record that does not comply with the area, frontage, shape or locational provisions of this chapter for the land use area in which it is located but was not in violation of the applicable requirements when it was created so that said lot was lawfully created. Any lot created subsequent to the establishment of the Town of Wawayanda subdivision regulations must have been approved by the Town of Wawayanda Planning Board in order to be considered a lot of record.[5]
LOT AREA
An area of land, the size of which is determined by the limits of the lot lines bounding said area and which is usually expressed in terms of square feet or acres.
LOT, CORNER
A lot at the junction of, or abutting on, two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.
LOT COVERAGE
The percentage of the plot or lot area covered by the building area and all impervious coverage. Parking areas, regardless of how surfaced, shall be considered impervious.
LOT, FLAG
See "flag lot."
LOT FRONTAGE
Portion of the lot which abuts the street line.
LOT LINE, REAR
The lot line generally opposite the street line.
LOT WIDTH
The shortest distance between side lot lines measured at the front yard setback line or building line, as applicable.
MICROBREWERIES, WINERIES, DISTILLERIES
Facilities which produce alcoholic beverages from the on-site farm operation. Greater than 51% of the materials used in the production of the alcoholic beverages shall be produced on the site. Uses that are considered agricultural uses in the Town of Wawayanda must be associated with an active farm operation producing the percentage of the materials identified above. Facilities must obtain a permit/approval from the Town of Wawayanda Code Enforcement Officer, and all constructed facilities must meet NYS Building Codes in effect at the time of application. The Code Enforcement Officer shall ensure that adequate parking, access, sanitary facilities and drainage are available to support the size of the facility proposed.
[Added 3-4-2021 by L.L. No. 2-2021]
MINING
The extraction or removal of minerals from the ground for sale or exchange or for commercial, industrial or municipal use. This definition shall not apply to:
A. 
The excavation or grading of an area necessary to prepare a site for construction in accordance with an approved building permit, site plan or subdivision plan, provided that the excavation takes place within the project site, does not involve the sale or exchange of mineral resources to off-site locations, and is an integral part of the involved project activities.
B. 
Excavations or grading undertaken to enhance the agricultural use of lands or to provide for structures or other improvements that benefit an area necessary for ongoing or imminent agricultural activities. This exemption applies only to excavations where the mineral removal and subsequent reclamation enhances the agricultural usability or productivity of the land.
MOBILE HOME
A factory manufactured structure, regardless of manufacture date, transportable in one or more sections, that is built on a permanent chassis and designed to be used as a dwelling unit when affixed to a permanent foundation or placed on a concrete slab and connected to the required utilities. This definition does not include a modular home, travel trailer or any self-propelled recreational vehicle.[6]
MODULAR HOME
Factory manufactured housing, subject to the requirements and regulations of the New York State Uniform Fire Prevention and Building Code, in which prefabricated components assembled at the plant are sent to a housing site in two or more pieces, depending on the size and style of said housing, to be joined together to form a complete house on a permanent foundation, treated the same as stick-built homes for the purposes of single-family dwellings.
MOTEL[7]
See now "hotel and motel."[8]
MOTOR VEHICLE FUELING STATION
A facility which for its principal use sells, at retail, fuel or other products and services for vehicle operation and maintenance, including a gasoline filling station, a car wash, or a quick-stop maintenance, and which may include but is not limited to as a secondary use a convenience store selling goods and food for off-site consumption, but not including repair services or facilities.
[Added 10-16-2012 by L.L. No. 1-2012]
MOTOR VEHICLE SALES FACILITY
A facility engaged primarily in the sales and servicing of new and used vehicles. Accessory to the sales, the facility may also rent or lease, hold in storage for sale, service or wash motor vehicles. The motor vehicle service facility shall be licensed by the NYS Department of Motor Vehicles.
[Added 3-4-2021 by L.L. No. 2-2021]
NONCONFORMING STRUCTURE
A structure that does not satisfy the dimensional requirements of this chapter for the area in which it is located, but which was not in violation of applicable requirements when constructed and was lawfully erected pursuant to applicable permits and approvals.
NONCONFORMING USE
Any use lawfully existing prior to and at the time of the adoption or amendment of this chapter or any preceding zoning law or ordinance, which use is not permitted or does not conform to the permitted use provisions for the area in which it is located.
NONHABITABLE SPACE
Space used as bathroom, toilet room, laundry, dressing, locker, storage, utility, heater or boiler rooms, closets and other spaces for service and maintenance of the building, and those spaces used for access and vertical travel between stories.
NURSERY
A place where trees, shrubs, vines and/or flower and vegetable plants are propagated or grown for a period of at least six months and/or where flowers and vegetables of an annual variety are germinated before being offered for sale and transplanting.
NURSING AND SENIOR CARE FACILITIES
Any dwelling where persons are housed or lodged and furnished with meals and nursing care for hire. Also see "senior housing/life care."
NURSING HOME
See "nursing and senior care facilities" and "senior housing/life care."
OFFICES
Establishments used for the organizational or administrative aspects of a trade, or used in the conduct of a profession or business, and not involving the manufacture, storage, display or direct retail sale of goods. This may include, but is not limited to, offices of sales representatives, architects, engineers, physicians, dentists, attorneys, insurance brokers, real estate brokers and persons with similar occupations.
OPEN SPACE
The area or areas of land set aside in subdivisions for conservation or preservation without any further development.
ORDER TO REMEDY
A written document issued by the Building Inspector/Code Enforcement Officer which orders that a particular violation or violations of the Zoning Law be remedied within a specified time.
OUTDOOR STORAGE
The storage of building supplies, raw materials, finished products, machinery and equipment outside the principal building and as permitted within certain nonresidential districts.
PAWN BROKER
A person, partnership or corporation that loans money on deposit or pledge of personal property or buys personal property and sells it back at a set price.
[Added 3-4-2021 by L.L. No. 2-2021]
PERMITTED USE
A specific main use of a building, structure, lot or land, or part thereof, that is allowed without a site plan or special use permit required. However, a building permit may be required.
PLACES OF WORSHIP
A building or place where persons regularly assemble for religious worship, which building or place is controlled and maintained by a religious body organized to sustain public worship, and which is the principal use of the property.
[Added 3-4-2021 by L.L. No. 2-2021]
PLANNED RESIDENTIAL DEVELOPMENT
Land, under unified control, to be planned and developed as a whole in a functionally integrated or a definitively programmed series of development operations or phases. May include principal and accessory structures and those uses substantially related to the character and purposes of the planned development.
PLANNING BOARD
The Planning Board of the Town of Wawayanda, the administrative board of the Town authorized to review and approve subdivisions, special use permits, site plans and other delegated responsibilities set forth in the Town's Code.
PLOT PLAN
A map or plan showing the boundaries of a parcel and all structures and important physical features on it, drawn to scale with accurate dimensions and submitted with an application for a special use permit or a variance.
PRESCHOOL/NURSERY SCHOOL
A school for children five years of age and under providing care and instruction for more than three hours but less than 24 hours on a regular basis.
[Added 3-4-2021 by L.L. No. 2-2021]
PRINCIPAL STRUCTURE
A building or structure on a lot which is used to conduct the main or principal use of the lot in which it is located.
PUBLIC/SEMIPUBLIC FACILITY
Any one or more of the following uses, including grounds and accessory buildings necessary for their use:
A. 
Religious institutions or places of worship.
B. 
Schools.
C. 
Public libraries.
D. 
Community centers.
E. 
Government buildings.
F. 
Day-care facilities operated outside a home.
G. 
Fire and/or ambulance stations, emergency response facilities, public safety buildings.
H. 
Nursery schools.
I. 
Group homes.
J. 
Membership clubs or organizations where meeting spaces are provided.
PUBLIC SYSTEM (also PUBLIC SEWER or PUBLIC WATER)
The facilities owned and operated by the Town or other governmental entity that provides sewer and/or water services to a particular area of the Town.
RECREATIONAL VEHICLE
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. No such vehicle shall be wider than eight feet.
RECREATION, INDOOR
An indoor facility involving courts, arenas or halls designed to accommodate sports and recreational activities, such as but not limited to billiards, bowling, theaters, dance and concert halls, gymnasiums, health spas, skating rinks, indoor shooting ranges, tennis courts, swimming pools, and team sports.
RECREATION, OUTDOOR
An outdoor facility involving courts, playing fields, tracks, or arenas designed to accommodate sports and recreational activities, such as but not limited to gymnasiums, health spas, skating rinks, down-hill or cross-country ski trails, outdoor shooting ranges, tennis courts, swimming pools, team sports, or golf courses; and motorized vehicles less than 50 H.P. This use category includes annual membership clubs, riding academies, and resorts.
[Added 11-4-2010 by L.L. No. 2-2010]
RECYCLING FACILITY
A commercial establishment organized to collect, process and sell reusable domestic and commercial and industrial waste, including waste motor oil.
RESEARCH, DESIGN AND DEVELOPMENT LABORATORY
A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products, and uses accessory thereto, wherein products are not manufactured for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and wherein there is no outside display of any materials or products.
RESIDENTIAL CLUSTER DEVELOPMENT (see also SUBDIVISION, CONSERVATION)
A residential subdivision in which the permissible number of dwelling units that would result in a given district under conventional applications of the subdivision regulations is allowed to be constructed on a smaller portion of the land included in the subdivision. Such flexibility of design and development of land shall be used to encourage the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities and to preserve the natural and scenic qualities of open lands under authority of § 278 of the Town Law.
RESTAURANT, FAST-FOOD
A business enterprise primarily engaged in the sale of quickly prepared food and beverages selected by patrons from a limited line of prepared specialized items such as hamburgers, chicken, pizza, tacos, ice cream and hot dogs, for takeout and/or on-premises consumption (in the latter case, where orders are placed at a counter as opposed to table service via a waiter/waitress, in a facility where the floor area available for dining is less than 1/2 of the gross floor area, and a major portion of the sales to the public is at a drive-in or stand-up-type counter). The term "fast-food restaurant" shall not include bakeries, delicatessens or similar types of retail establishments.
RESTAURANT OR BAR, NON-FAST-FOOD
Any premises where food and/or beverages are commercially sold for on-premises consumption to patrons seated at tables or counters, indoors or outdoors, and where table service is provided. Entertainment may also be provided. Any facility without table service providing parking lot service to cars where the food is to be eaten outside of the structure and/or off the premises shall not be considered a restaurant for the purposes of this chapter and shall be deemed to be a drive-in or fast-food restaurant.
[Added 11-4-2010 by L.L. No. 2-2010; amended 10-16-2012 by L.L. No. 1-2012]
RETAIL, GENERAL
Stores and shops where goods are sold primarily at retail. Such sales are primarily made directly to the consumer and include, but are not limited to, goods such as food and beverages; florists; shoes and clothing; hardware; paint and wallpaper; carpeting; hobby and crafts; books; furniture; antiques; art supplies; music; pharmacies; jewelry; photographic supplies; pets; gifts; stationery; sporting goods; fabrics; optical goods; launderette/laundromat and appliances, but excluding lumberyards, restaurants and fast-food restaurants. Outside storage or display of goods for such is permitted only with site plan approval by the Planning Board. "General retail" in the over 30,000 square feet category also includes shopping centers.
RETAIL, LARGE-PRODUCT
Establishments where goods are sold primarily at retail but are large-scale, where the display of such merchandise cannot necessarily be displayed within a structure, and which requires a large amount of floor space. This includes equipment/heavy equipment, boats, machinery and farm machinery, and motor vehicle sales.[9]
SCHOOL
Any public school under the jurisdiction of the State Commissioner of Education, any parochial school operated and maintained by any religious corporation authorized to perform its corporate functions in the State of New York, or any school chartered by the State Board of Regents.
[Added 9-2-2021 by L.L. No. 4-2021]
SCREENING
The blocking, shielding or concealment of views, vistas and noise through a proper and well-designed scheme of planting trees, shrubs, hedges or vines or the installation of a fence approved by the Planning Board.
SEASONAL ROADSIDE STAND
See agriculture, retail sale of farm, nursery and related products.
SENIOR HOUSING/LIFE CARE
A residential complex containing multifamily dwellings designed for and principally occupied by senior citizens, ages 55 or older. Such facilities may include a congregate meals program in a common dining area or nursing homes, rest homes, and convalescent houses that include individual dwelling units for the elderly as an integral part of the facility.
SEQRA
The State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, and its implementing regulations codified in 6 NYCRR Part 617.
SERVICES, BUSINESS
Establishments primarily engaged in providing services rendered to a business establishment or individual on a fee or contract basis including actuarial, advertising, credit reporting, janitorial, office or business equipment rental or leasing, photofinishing, telecommunications, window cleaning, blueprinting and photocopying, repair of lawn and garden equipment and similar type machinery and other such services.
[Added 11-4-2010 by L.L. No. 2-2010]
SERVICES, PERSONAL
Establishments primarily engaged in providing services involving the care of a person or personal apparel, such as a beauty parlor, barbershop, health and fitness center, tailor or custom cleaning services. This use category includes funeral homes and studios (art, music, dance, etc.).
SITE PLAN
A plan, rendering, drawing or map prepared to the specifications and containing necessary elements, as set forth in § 195-68 of this chapter, which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on said plan, including, but not limited to, building locations, roads, parking areas, and other site features that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval by the Planning Board (or the Zoning Board of Appeals, if applicable for certain uses).
SKETCH PLAN
A map, drawing or plan, at least drawn to approximate scale, showing the boundaries of the parcel or site proposed to be subdivided or developed and the general proposal, including lot layout, building locations, parking areas, roads and significant existing features.
SPECIAL USE
A use that, because of its unique characteristics, requires individual consideration through a review process by the Planning Board (or Zoning Board of Appeals, for certain uses), as established by § 274-b of the Town Law of the State of New York. Such a use may require the meeting of certain conditions and safeguards as well as site plan approval before being permitted.
STOP-WORK ORDER
A written document issued by the Building Inspector/Code Enforcement Officer which orders the cessation of a particular activity such as construction or the use of land due to a violation of this chapter.
SUBDIVISION
The division of a parcel of land into two or more lots.
SUBDIVISION, CONSERVATION
A subdivision of land that divides land into not more than the number of lots which would be allowed on a conventional subdivision but where the Planning Board is authorized to reduce or modify the otherwise required minimum size of each lot in order to conserve open space and provide for a more flexible development. A conservation subdivision, which is sometimes referred to as a "cluster subdivision" or "cluster development," is authorized only pursuant to the procedures, requirements and standards set forth in § 195-56 and Chapter 162, Subdivision of Land, of the Town's Code.
SUBDIVISION, CONVENTIONAL
A subdivision of land, authorized pursuant to Chapter 162 of the Town's Code, where each lot in the subdivision must meet the minimum lots and area dimensional requirements applicable for the zoning district where the subdivision is located.
TOWN
The Town of Wawayanda, Orange County, New York.
TOWN BOARD
The Town Board of the Town of Wawayanda, the legislative body of the Town.
TOWN CODE
See "Code."
TRAILER
See "travel trailer."
TRANSFER/TRANSLOAD
An area of land upon which is located, permanently or temporarily, structures, machinery and/or other devices where any solid waste, refuse, leaves, trash, trees or soil is taken from a collection vehicle and placed either upon the land, into any other transportation unit or into any other device for future movement to another location.
TRAVEL TRAILER
A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle.
USE
The purpose for which any premises may be arranged, designed, intended, maintained or occupied, or any occupation, activity or operation conducted or intended to be conducted on a premises.
USE, ACCESSORY
A use which is customarily incidental to and subordinate to the principal use of a lot or structure, located on the same lot as the principal use or structure.
VARIANCE
Written authority to deviate from any regulations of this chapter. See Article IX for further details.
VEHICLE SERVICES
Any establishment involving automotive repair, services or operations; this includes automotive service stations, auto body shops, bus and truck terminals, and car washes.
VIOLATION
Noncompliance with any provision of the chapter or the terms and conditions of any permit, variance or approval issued under this chapter.
WAREHOUSE, STORAGE AND DISTRIBUTION FACILITIES
A building, or part of a building, for storing or distribution of goods, wares and merchandise, whether for the owner or for others, and whether it is a public or private warehouse.
WASTE, CONSTRUCTION/DEMOLITION
Building materials and rubble resulting from construction, remodeling, repair and demolition operations.
WASTE, DOMESTIC
Wastes originating from bathrooms, kitchens, showers, toilets or other sanitary facilities, public or private, regardless of the degree of treatment.
WASTE, INDUSTRIAL
Any material resulting from a production or manufacturing operation having no net economic value to the source producing it.
WETLAND
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
WIRELESS COMMUNICATIONS FACILITY
Any site containing equipment used in connection with the commercial operation of wireless communications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including, but not limited to, antennas, monopoles, equipment, appurtenances and structures.
WIRELESS COMMUNICATIONS FACILITY, MAJOR
Any wireless communications facility that is not a minor wireless communications facility, including but not limited to any facilities including any wireless communications towers, as hereinafter defined.
WIRELESS COMMUNICATIONS FACILITY, MINOR
Any wireless communications facility situated on the same property as an existing wireless communications facility designed for co-location and previously approved under this chapter or on or in an existing building or other structure, and where the equipment consists of a combination of antennas or other receiving devices necessary in number to facilitate the provision of wireless communications services from such location, provided that "minor installation" comprises antennas or transmitting and receiving devices which are not more than 15 feet in height and which are mounted on supports affixed to an existing structure, and which facility operates with all significant equipment accessory thereto (other than the aforementioned antennas and transmitting or receiving devices, supports and connecting cables) installed in the interior space appurtenant to such existing building, tower or structure, or located upon a structure the total combined height of which is less than 100 feet from the preconstruction average finished grades.
WIRELESS COMMUNICATIONS SERVICES
The provision of personal wireless communications services, including, but not limited to, those more commonly referred to as "cellular telephone service," regulated by the Federal Communications Commission in accordance with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
WIRELESS COMMUNICATIONS TOWERS
Any freestanding structure, including lattice structures or framework and freestanding self-supported vertical pole (commonly known as "monopole"), on which any equipment is located in connection with the provision of wireless communications services.
YARD
A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard, subject to height limitation and requirements limiting obstruction of visibility.
YARD, FRONT
A yard extending between side lot lines across the front of a lot adjoining a public street. In the case of through lots or corner lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, front yards shall be provided on all frontages.
YARD, REAR
A yard extending across the rear of the lot between inner side-yard lines. In the case of through lots, there will be no rear yard, but only front and side yards.
YARD, SIDE
A yard extending from the rear line of the required front yard to the rear lot line or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the public street. In the case of through lots, side yards shall extend from the rear lines of required front yards. In the case of corner lots, one of the yards remaining after the designation of front yards shall be considered the side yard and the other the rear yard.
ZONING DISTRICT
The designated area or areas of the Town established by this chapter and the accompanying Zoning Map for which the allowable uses, minimum lot size and area requirements, together with other requirements, are uniform.
ZONING LAW
The local law or laws adopted by the Town Board which set forth the zoning regulations of the Town, as amended from time to time, which are codified in this Chapter 195 of the Code.
[1]
Editor's Note: The former definition of "convalescent homes," which immediately followed this definition, was repealed 3-4-2021 by L.L. No. 2-2021.
[2]
Editor's Note: The former definition of "flea market/auction," which immediately followed this definition, was repealed 3-4-2021 by L.L. No. 2-2021.
[3]
Editor's Note: The former definition of "group care facility," which immediately followed this definition, was repealed 3-4-2021 by L.L. No. 2-2021.
[4]
Editor's Note: The former definition of "industrial park," which immediately followed this definition, was repealed 3-4-2021 by L.L. No. 2-2021.
[5]
Editor's Note: See Ch. 162, Subdivision of Land.
[6]
Editor's Note: The former definition of "mobile home park," which immediately followed this definition, was repealed 3-4-2021 by L.L. No. 2-2021.
[7]
Editor's Note: The former definition of "motel" was amended to combine the terms "hotel" and "motel" 9-2-2021 by L.L. No. 4-2021.
[8]
Editor's Note: The former definition of "motor vehicle service facility," added 11-4-2010 by L.L. No. 2-2010, and which immediately followed this definition, was repealed 10-16-2012 by L.L. No. 1-2012.
[9]
Editor's Note: The former definitions of "school, private" and "school, public," which immediately followed this definition, were repealed 3-4-2021 by L.L. No. 2-2021.