A.Â
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.Â
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.Â
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.Â
The word "lot" includes the word "plot."
E.Â
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.Â
"Shall" is always mandatory, except when applied to public officials,
in which event "shall" is directory.
G.Â
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:
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.
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]
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.
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.
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.
A cabaret that features topless dancers, go-go dancers, strippers,
male or female impersonators or similar entertainers for observation
by patrons.
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.
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.
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.
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.
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.
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]
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.
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.
Land whose primary purpose is the storage, maintenance and
repair of machinery related to agricultural uses.
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.
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.
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).
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]
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.
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.
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.
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.)
A facility for the medical or surgical care and treatment
of animals, including veterinary clinics.
A nonprofit organization established for the purpose of offering
services of a community or recreational nature to its membership.
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.
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.
See "vehicle services."
See "vehicle services."
A roof-like covering of metal, fabric or similar material
attached to a frame and attached to or supported entirely by a building.
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.
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.
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.
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:
Signs.
Walls and retaining walls.
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.
Pergolas, porches, decks, outdoor bins and other similar structures.
Fixed awnings.
Swimming pools.
Transmission towers.
A structure requiring a subsurface support or base, such as
a footing or sleeve for a flagpole or sign.
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.
The Town official authorized to administer and enforce the
Building Code. See also "Code Enforcement Officer."
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.
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.
A place used for burials, whether in the ground or in mausoleums.
[Amended 3-4-2021 by L.L. No. 2-2021]
Communal sewage disposal and water supply systems approved
by the Town Board and any other agencies having jurisdiction.
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 195 of the Code, which consists of the Town's Zoning Law and regulations.
See "conservation subdivision."
The Code of the Town of Wawayanda, which is the codification
of local laws, ordinances and regulations of the Town of Wawayanda.
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]
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.
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."
The Comprehensive Plan of the Town of Wawayanda, as amended,
revised and/or updated from time to time.
See "subdivision, conservation." See also "residential cluster
development."
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]
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]
A driveway or other entranceway to a public highway requiring
a break in the curbline or shoulder.
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.
See "zoning district."
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.
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.
A dwelling residing in a building whose primary use is nonresidential,
such as an apartment above a retail store.
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.
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.
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]
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.
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 tractors and implements such as hay rakes and plows
or other mechanized equipment relating to agriculture production.
See "agriculture, retail sale of farm, nursery and related
products" and "agriculture, tourism activities on ongoing farm operation."
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]
The sum of the area of all floors of a building as measured
from the exterior walls.
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]
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.
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]
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]
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.
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.
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.
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.
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.
See "health facilities."
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]
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]
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.
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.
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.
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.
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.
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.
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]
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.
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°.
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.
See "flag lot."
Portion of the lot which abuts the street line.
The lot line generally opposite the street line.
The shortest distance between side lot lines measured at
the front yard setback line or building line, as applicable.
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]
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:
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.
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.
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]
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.
See now "hotel and motel."[8]
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]
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]
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.
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.
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.
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.
Any dwelling where persons are housed or lodged and furnished
with meals and nursing care for hire. Also see "senior housing/life
care."
See "nursing and senior care facilities" and "senior housing/life
care."
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.
The area or areas of land set aside in subdivisions for conservation
or preservation without any further development.
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.
The storage of building supplies, raw materials, finished
products, machinery and equipment outside the principal building and
as permitted within certain nonresidential districts.
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]
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.
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]
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.
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.
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.
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]
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.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Religious institutions or places of worship.
Schools.
Public libraries.
Community centers.
Government buildings.
Day-care facilities operated outside a home.
Fire and/or ambulance stations, emergency response facilities,
public safety buildings.
Nursery schools.
Group homes.
Membership clubs or organizations where meeting spaces are provided.
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.
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.
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.
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]
A commercial establishment organized to collect, process
and sell reusable domestic and commercial and industrial waste, including
waste motor oil.
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.
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.
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.
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]
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.
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]
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]
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.
See agriculture, retail sale of farm, nursery and related
products.
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.
The State Environmental Quality Review Act, Article 8 of
the Environmental Conservation Law, and its implementing regulations
codified in 6 NYCRR Part 617.
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]
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.).
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).
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.
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.
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.
The division of a parcel of land into two or more lots.
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.
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.
The Town of Wawayanda, Orange County, New York.
The Town Board of the Town of Wawayanda, the legislative
body of the Town.
See "Code."
See "travel trailer."
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.
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.
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.
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.
Written authority to deviate from any regulations of this chapter. See Article IX for further details.
Any establishment involving automotive repair, services or
operations; this includes automotive service stations, auto body shops,
bus and truck terminals, and car washes.
Noncompliance with any provision of the chapter or the terms
and conditions of any permit, variance or approval issued under this
chapter.
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.
Building materials and rubble resulting from construction,
remodeling, repair and demolition operations.
Wastes originating from bathrooms, kitchens, showers, toilets
or other sanitary facilities, public or private, regardless of the
degree of treatment.
Any material resulting from a production or manufacturing
operation having no net economic value to the source producing it.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
