Specific terms defined. Unless the context of this chapter specifies
or requires otherwise, the following definitions of words and phrases
shall be used in the interpretation of this chapter:
ACCESSORY PERMITTED USE
Those uses requiring a permit subject to approval by the
Zoning Board of Appeals and only when the specific conditions and
criteria enumerated in this chapter are met.
ACCESSORY STRUCTURE
A structure or a portion of a main structure located on the
same premises and incidental to the main structure.
[Amended 2-10-1997 by L.L. No. 1-1997]
AGRICULTURAL BUSINESS
A business engaged in performing agricultural, animal husbandry
or horticultural services on a fee or contract basis, including corn
shelling; hay baling and threshing; sorting, grading and packing fruits
and vegetables for the grower; agricultural produce milling and processing;
horticultural services; crop dusting; fruit picking; grain cleaning;
land grading; harvesting; and plowing.
AGRICULTURE
The use of land for agricultural purposes, including tilling
of the soil, dairying, pasture, apiculture, arboriculture, aquaculture,
horticulture, floriculture, viticulture, forestry, animal and poultry
husbandry, and the necessary accessory uses for packing or storing
of products, provided that the operation of any such accessory uses
shall be secondary to that of normal agricultural activities, and
conducted in accordance with the New York State Agriculture and Markets
Law.
[Amended 2-10-1997 by L.L. No. 1-1997]
ANTENNA
Any radio, television or citizens' band antenna itself, as
well as the structural members used to support such antenna, excluding
nonrigid wires.
APARTMENT
A dwelling unit in a building which comprises more than three
dwelling units, each of which has an entrance to a hallway or balcony
in common with at least one other dwelling unit.
APARTMENT HOUSE
A building containing three or more residential units, each
of which contains separate housekeeping facilities, and usually certain
common mechanical conveniences, such as a central heating plant, elevator,
garbage disposal, etc.
BED-AND-BREAKFAST FACILITY
An owner-occupied building used and occupied as a single-family
residence having, as an accessory use therein, public lodging rooms
and facilities within the facility to serve breakfast to transient
guests.
[Added 2-11-2008 by L.L. No. 2-2008]
BERTH
A waterside area adjoining any structure, dock or pier, the
purpose of which is the storage of a boat, yacht or any floating craft.
BERTHING AND MOORING FACILITY
A waterside area consisting of one or more structures, docks,
piers, or a combination thereof, used for the berthing or mooring
of boats, yachts or other floating craft, whether manually, mechanically
or sail powered.
BOATHOUSE
Any building or similar superstructure used primarily for
the storage and the sheltering of watercraft, including such subordinate
uses customarily incident to such primary use.
BUFFER AREA
A unit of land, together with a specified type and amount
of plantings thereon, and any structures or land forms which may be
required between land uses to eliminate or minimize conflicts between
them.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
[Amended 2-10-1997 by L.L. No. 1-1997]
BUILDING, MUNICIPAL
Any one or more of the following uses, including grounds
necessary for their use, and accessory buildings:
(1)
Public libraries and museums.
(2)
Government buildings (Town, county, state or federal).
BUSINESS
A purchase, sale or transaction involving the disposition
of any article, substance, commodity or service, offices or recreational
or amusement enterprise conducted for profit.
CABANA
A lightweight structure, with at least one side open to the
outdoors, which serves as an accessory structure to a principal residential
use.
CAMP TRAILER
A portable unit, mounted on wheels and constructed with collapsible
partial side walls which fold, for towing by another vehicle.
CLUB
Membership recreational building, but not including a club,
the chief activity of which is a service customarily carried on as
a business.
CORNER LOT
A lot or portion of a lot at the junction of, and abutting
on, two intersecting streets.
DOCK
Any dock, wharf, structure or fixed platform extending out
over the water, built on floats, columns, open timber, piles or similar
open-worked supports.
DUPLEX
A residential building on a single lot consisting of two
one-family units having a common wall between the units with private
outside entrances, separate front and rear yards and separate utilities.
[Added 3-4-1992 by L.L. No. 2-1992; amended 2-10-1997 by L.L. No.
1-1997]
DWELLING
Any building or portion thereof containing one or more dwelling
units.
[Amended 2-25-2015 by L.L. No. 4-2015]
DWELLING UNIT
One or more rooms constituting a separate, independent housekeeping
unit for ownership or lease or rent, designed for occupancy by one
family and physically independent of any other group of rooms or dwelling
units which may be in the same structure, and containing independent
cooking, sanitary and sleeping facilities.
FAMILY
Any number of individuals living together as a single housekeeping
unit, using rooms and housekeeping facilities in common.
[Amended 2-10-1997 by L.L. No. 1-1997]
FARM
As detailed in the New York State Agriculture and Markets
Law, not less than 10 acres of land used as a single operation in
the preceding two years for the production for sale of crops, livestock
or livestock products of an average gross sales value of $10,000 or
more; or not less than 10 acres of land used in the preceding two
years to support a commercial horse boarding operation with annual
gross receipts of $10,000 or more.
[Amended 2-10-1997 by L.L. No. 1-1997]
FARM LABOR CAMP
A labor camp housing facility, building or buildings in which
people are housed who are employed in the individual farmer's personal
farming operation.
FENCE
Any fence or brick or stone wall located outside of the area
bounded by the front building foundation line and the side and rear
setback requirements.
[Amended 9-20-1994 by L.L. No. 3-1994]
FIREARM
Any gun, shotgun, rifle, pistol, revolver, bow and arrow
or other device from which a bullet, shot, ball, slug, pellet, solid
projectile or other missile is propelled.
[Added 9-20-1994 by L.L. No. 3-1994]
FLAG LOT
A parcel of land which does not abut a public street except
for a strip of land on which a private access drive is located.
FRONT YARD
A yard situated on the same lot as a principal building or
use, situated between the street line and the nearest wall of the
principal building unless otherwise indicated.
GARAGE, PRIVATE
A detached accessory building or portion of a principal building
for the parking or temporary storage of automobiles, travel trailers
and/or boats of the occupants of the premises and wherein:
(1)
Not more than one space is rented for parking to persons not
resident on the premises.
(2)
Not more than three commercial vehicles per dwelling unit are
parked or stored.
(3)
The commercial vehicle permitted does not exceed two tons in
weight.
GARAGE, PUBLIC
A principal or accessory building, other than a private garage,
used for parking or temporary storage of passenger automobiles and
in which the service shall be provided for remuneration.
GARDEN APARTMENT
A multiple dwelling or group of multiple dwellings containing
dwelling units, occupying not more than 35% of the area of the site
or plot on which such dwelling or dwellings are situated.
[Added 2-10-1997 L.L. No. 1-1997]
GASOLINE STATION
Buildings and premises used for the conduct of a business,
the primary purpose of which is the selling and dispensing, at retail,
of gasoline and other motor fuel, grease, oil and automobile accessories,
and which may include as an accessory use the minor servicing of motor
vehicles, including the greasing, oiling and minor repairs of such
vehicles. Such buildings or premises may contain no more than two
bays within which work or service is performed. Excluded from the
use of such buildings or premises are the following:
(1)
Major mechanical work (including transmission repair, engine
rebuilding, etc.) and body work.
(4)
Open storage of unlicensed or junk vehicles.
(5)
The storage of parts and accessories, except when stored in
an enclosed building.
GOLF COURSE
Any private, semiprivate or publicly owned course, consisting
of at least nine golf holes of conventional design and distances.
[Added 9-20-1994 by L.L. No. 3-1994]
GROUND-MOUNTED SOLAR ENERGY SYSTEMS
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
[Added 5-8-2017 by L.L.
No. 3-2017]
GUN CLUB, SHOOTING RANGE or ARCHERY RANGE
An outdoor facility, which may or may not include accessory
buildings, used for the discharge of firearms at a fixed mark or target.
[Added 9-20-1994 by L.L. No. 3-1994]
HARBORING OF DOGS ACCESSORY PERMIT
Issued by the Town Clerk for harboring of more than three
adult dogs or litter of more than two pups for over six months at
a private residence and not for remuneration.
[Added 2-10-1997 by L.L. No. 1-1997]
HEIGHT OF STRUCTURE
The vertical distance from the average grade, as measured
three feet from the foundation, to the average height of the highest
roof surface.
[Amended 4-9-2012 by L.L. No. 4-2012]
HOME OCCUPATION
(1)
Any use which:
(a)
Is carried on wholly within the enclosed walls of the principal
building exclusive of accessory structures and does not use more than
25% of the floor area.
(b)
Is carried on by a member of the family in the dwelling unit.
(c)
Is clearly incidental and secondary to the use of the dwelling
for residential purpose.
(d)
Does not generate traffic beyond that normally expected in a
residential neighborhood.
(e)
Does not create noise, dust, vibration, odor, glare, fumes or
electrical interference detectable by the normal senses of persons
off the premises.
(2)
Office-type work performed by an individual in his home, such
as work on a computer or by phone, where such individual has no clients
or customers coming to his home, shall not be deemed a home occupation.
[Added 5-14-2009 by L.L. No. 1-2009]
INDUSTRY
Storage, manufacture, preparation or repair of any article,
substance or commodity.
JUNK
Includes, but shall not be limited to, any manufactured good,
appliance, fixture, furniture, machinery, motor vehicle, recreational
vehicle, trailer or similar object which is abandoned, demolished,
discarded, dismantled or so worn, deteriorated or in such a condition
as to be generally unusable in its existing state. This definition
shall include but shall not be limited to scrap metal, scrap material,
waste bottles, cans, paper, rubble, boxes, crates, rags, used construction
materials, motor vehicle parts and used tires.
[Added 8-8-2005 by L.L. No. 6-2005]
KENNEL
A property or structure used for the boarding, breeding or
day care of six or more domesticated animals for commercial purposes.
[Added 7-13-2015 by L.L.
No. 6-2015]
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site sale or consumption.
[Added 5-8-2017 by L.L.
No. 3-2017]
LOT
A parcel of land under separate ownership or a parcel as
designated on a plot plan as a unit and recorded in the Monroe County
Clerk's office, and which is devoted to a certain use or occupied
by a building or group of buildings that are united by a common interest
or use, and the customary accessories and open spaces belonging to
the same.
LOT AREA
Except for the computation of area required for the keeping
of animals and poultry, lot area shall mean the computed area contained
within the lot lines, said area to be exclusive of street or alley
rights-of-way or future rights-of-way, if such have been determined.
For purposes of computing lot area for the keeping of animals and
poultry (other than hens and chickens), lot area shall include the
area of a deeded lot within the right-of-way of any street, highway
or alley and future rights-of-way if such have been determined.
[Amended 6-11-2012 by L.L. No. 6-2012]
LOT LINE
A line bounding a lot which divides one lot from another
or from a street or any other public or private space.
LOT WIDTH
The mean horizontal distance between the side lot lines measured
at right angles to those side lot lines at the building line. Where
there is only one side lot line, the lot width shall be measured between
such lot line and the opposite lot line or future right-of-way.
MARINA
A mooring and dock area for boats that may include repair
facilities, gas, water, supplies and/or other conveniences to boat
owners.
METEOROLOGICAL (MET) TOWER
A tower erected for a limited period of time for the purpose
of obtaining data relevant to wind speed and direction.
[Added 6-12-2006 by L.L. No. 6-2006]
MOBILE HOME
A dwelling which is partially or fully assembled in a factory
and built on a permanent chassis, transported to a lot in one or more
sections and designed to be occupied when placed on a lot and connected
to utilities. A mobile home shall continue to be defined as a "mobile
home" whether or not wheels, axles, hitches or other appurtenances
of mobility are removed and regardless of the nature of the foundation
provided.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure, the size, dimension or location
of which was lawful prior to the adoption or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption or amendment.
NONCONFORMING USE
A use or activity, which was lawful prior to the adoption
or amendment of this chapter, but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption
or amendment.
OCCUPIED
Includes "designated" or "intended to be occupied."
ONE-STORY RESIDENTIAL BUILDING
A building having a vertical distance between floor and ceiling
of not less than seven feet six inches, on one level of floor, not
including the basement or cellar, the measurement of such vertical
distance being made along the studs forming each of the exterior walls.
OPEN SPACE
An area unoccupied by any building, structure or parking
area, whether paved or unpaved, and which may be inclusive of any
required yard areas or setbacks.
PARKING SPACE
A permanently surfaced and marked area for the parking of
a motor vehicle.
PERGOLA
Any structure usually consisting of parallel colonnades which
support an open roof of girders and cross rafters which serves as
an accessory structure. The term "pergola" includes any arbor-like
structure which has overall dimensions exceeding four feet in width
by four feet in length.
[Added 9-14-2009 by L.L. No. 4-2009]
PIER
Any structure extending out over the water built upon fill,
which shall include, but shall not be limited to, earth, clay, silt,
sand, gravel, stone, rock, shale, concrete (whole or fragmentary),
ashes, cinders, slag or metal, whether or not enclosed, or containing:
(1)
Cribs, crib work of wood, timber, logs, concrete or metal.
(2)
Bulkheads and cofferdams of timber sheeting, bracing and piling
or steel sheet piling, or steel H piling separately or in combination.
POND
A natural or man-made body of standing water, which does
not disappear completely with fluctuations in the amount of rain or
drainage received, and which contains, on average, at least 12 inches
of water year round.
PREMISES
A lot, plot or parcel of land unoccupied or occupied by one
structure and its accessory structures, including the open spaces
required by this chapter.
PROFESSIONAL OFFICE
The office of a lawyer, doctor, dentist and any person performing
any activity or service licensed pursuant to the provisions of the
Education Law of the State of New York. Office-type work performed
by an individual in his home, such as work on a computer or by phone,
where such individual has no clients or customers coming to his home,
shall not be deemed a professional office.
[Amended 5-14-2009 by L.L. No. 1-2009]
REAR YARD
A yard on the same lot as the principal building or use,
situated between the rear line of the lot and the nearest wall of
the principal building unless otherwise indicated.
RECREATIONAL VEHICLE
A vehicle-type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
RESTAURANT
A permanent building used for the serving of meals, with
table or counter and chair facilities. "Fast food" shall mean restaurants
where there is no table or sit-down counter waiting service and where
all or a portion of the food is prepared and wrapped, boxed, bagged
or prepackaged and where the customer places an order at a common
counter by waiting in line or by being served through a sequential
numbering system and consumes the food either at tables provided in
or adjacent to the building, in his vehicle or elsewhere.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structure for the primary purpose of producing electricity
for on-site consumption.
[Added 5-8-2017 by L.L.
No. 3-2017]
SENIOR CITIZEN
A person 55 years of age or older.
[Added 10-11-2004 by L.L. No. 3-2004]
SETBACK
The least distance from the side, rear or front line of a
lot to the side, rear or front building line of any building located
or to be located thereon.
SIDE YARD
A yard on the same lot as the principal building, situated
between the side line of the lot and the nearest wall of the building
and bounded by the front and rear building lines.
SIGN
Any notice or advertisement, pictorial or otherwise, used
as a display for the purpose of advertising the property or the establishment
of enterprises, including goods and services, upon which the sign
is exhibited. This definition shall not include official notices issued
by a court or public body or officer or directional, warning or informational
signs or structures required by law or by federal, state, county or
Town authority.
[Amended 3-4-1992 by L.L. No. 2-1992; 5-13-2002 by L.L. No.
2-2002]
SIGN, AGRICULTURAL
A sign to advertise agricultural products, services or goods
not to be displayed exceeding four months within a year.
[Added 5-13-2002 by L.L. No. 2-2002]
SIGN, FREESTANDING
A self-supporting sign resting on or supported by means of
poles, trailers, vehicles, or standards or any other type of base
on the ground independent of a structure.
[Amended 5-13-2002 by L.L. No. 2-2002]
SIGN SIZE
The largest rectangle that is required to enclose the sign,
including any frame or panel signs of individual letters, but excluding
supports, braces or guys. The size shall refer to the background area
of any face of a sign that can be seen at any one time.
[Amended 5-13-2002 by L.L. No. 2-2002]
SIGN, WALL
A sign which is affixed to an exterior wall of a building
or structure and which projects from the building wall to which it
is attached.
[Amended 5-13-2002 by L.L. No. 2-2002]
SINGLE APARTMENT IN A SINGLE-FAMILY DWELLING
An apartment within a single-family dwelling in which the owner or owners of the premises reside on the premises and are the primary occupants of the dwelling, and in which all utilities are shared with a single electrical meter, single gas meter and single water meter, and which meets the further requirements set forth in §
520-40 herein. A single apartment in a single-family dwelling is allowed in certain zoning districts with a special use permit issued by the Planning Board.
[Added 3-11-2013 by L.L. No. 1-2013]
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 5-8-2017 by L.L.
No. 3-2017]
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 5-8-2017 by L.L.
No. 3-2017]
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 5-8-2017 by L.L.
No. 3-2017]
SPECIAL PERMITTED USE
Those uses that have some special impact or unique form which
require a case-by-case review of their location, design, configuration
and impact to determine, against fixed standards, the desirability
of permitting their establishment on any particular site. Such uses
require a special use permit issued by the Planning Board when the
specific conditions and criteria set forth in this chapter are met.
[Amended 3-12-2001 by L.L. No. 1-2001]
STABLE
The premises on which horses, ponies or similar types of
animals are kept or fed, including barns.
STABLE, PRIVATE
A stable which is an accessory use for the family which resides
on the premises and on or at which horses, ponies or similar types
of animals are kept or fed, but not for remuneration, sale or hire.
STABLE, PUBLIC
A stable on or at which horses, ponies or similar types of
animals are kept or fed for remuneration, hire or sale.
STORY
The vertical distance from floor to ceiling.
STORY-AND-ONE-HALF RESIDENTIAL BUILDING
A building having a vertical distance between floor and ceiling
of not less than seven feet six inches on the first level or floor
and having a vertical distance between floor and horizontal ceiling
of not less than seven feet nor more than nine feet on the upper level
or floor and a vertical distance of not less than three feet six inches
along the studs forming the exterior walls being set or erected not
less than 2/3 the distance apart of the exterior walls of the first
level or ground floor; not including the basement, cellar or wings
of one story.
STREAM
All streams, year-round or seasonal, designated on the Official
Town of Hamlin Wetlands Map.
[Added 11-4-1992 by L.L. No. 9-1992]
STREET LINE
A dividing line between a street or highway and the premises
fronting thereon.
STRUCTURALLY ALTERED
In addition to its other ordinary applications, any alteration
whereby a building or other structure is adapted to another or a different
use and any alteration or repair which would violate any of the regulations
applicable in the district wherein the same is located, if said building
or other structure was entirely constructed or so altered or repaired,
at the time such alterations or repairs are made.
STRUCTURE
A building or anything constructed or erected which requires
temporary or permanent location on or the support of the soil or which
is attached to any structure. The word "structure" shall include swimming
pools which can accommodate a depth of three feet of water at their
deepest point and prefabricated homes assembled on site. It shall
also include any pier, wharf, dolphin, dock, weir, boom, breakwater,
bulkhead, revetment, jetty, permanent mooring structure, power transmission
line, pilings, aids to navigation or other obstacle or obstruction.
SUBDIVISION
The division of a parcel of land into two or more lots, blocks
or sites, with or without streets or highways, described by the metes
and bounds and a reference map or survey of the property or by any
other methods of description for the purpose of sale, lease, license
or any other reason. The term includes resubdivision and, when appropriate
to the context, shall relate to the process of subdividing or to the
land subdivided. To qualify as a conforming subdivision, the subdivision
must be approved by the Town Planning Board and other appropriate
government agencies and recorded with the Monroe County Clerk’s
office. Notwithstanding the foregoing, the creation of a lot that
is created simply by combining two or more contiguous lots, and any
plat consisting solely of alteration of lot lines in which there is
no increase in the nonconformity of the area requirements or setback
requirements of any resulting lot, does not constitute a “subdivision,”
but shall be subject to review and approval by the Planning Board.
[Amended 2-10-1997 by L.L. No. 1-1997; 4-9-2012 by L.L. No.
5-2012]
SWIMMING POOL
Any artificial pool of water constructed, installed or maintained
in ground or above ground which is designed to contain water to a
depth of 18 inches or more and intended to be used for swimming, bathing
or wading.
TOPSOIL
Natural, fertile, agricultural soil, capable of sustaining
vigorous plant growth, of uniform composition throughout, without
a mixture of subsoil, free of stones, roots, lumps, plants, sticks
or other extraneous matter.
[Added 3-4-1992 by L.L. No. 2-1992]
TOPSOIL MIXTURE[Added 3-4-1992 by L.L. No. 2-1992]
(1)
Consists of 2/3 topsoil and 1/3 peat humus, thoroughly mixed,
with no visible separation of materials prior to placement.
(2)
Topsoil for topsoil mixture shall contain not less than 6% organic
matter as determined by loss on ignition of moisture-free samples
dried at 100° C. There shall not be less than 20% nor more than
65% passing a two-hundred-mesh sieve as determined by wash test made
in accordance with the standard test ASTM Designation D 1140.
TOWNHOUSE
A residential building consisting of a series of noncommunicating,
individually owned one-family units having a common party wall between
each unit, with private outside entrances, separate front and rear
yards and separate utilities and located on a separate recorded lot.
TRAVEL TRAILER
A vehicular portable unit, mounted on wheels, of such a size
or weight as not to require special highway movement permits when
drawn by a motorized vehicle and of a body width of no more than eight
feet and a body length of no more than 38 feet when factory-equipped
for the road.
TRUCK CAMPER
A portable unit, designed to be loaded onto, or affixed to,
the bed or chassis of a truck. Truck campers are of two basic types:
(1)
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
TWO-STORY RESIDENTIAL BUILDING
A building having a vertical distance between floor and ceiling
of not less than seven feet six inches on the first floor level or
floor and having a vertical distance between floor and horizontal
ceiling of not less than seven feet nor more than nine feet on the
upper level or floor and a vertical distance along the studs forming
each of the exterior walls of the upper level above the floor of not
less than five feet average and such walls being set or erected not
less than the distance apart of the exterior walls of the first level
or ground floor, not including the basement, cellar or wings of one
story.
USE
The purpose for which any structure or part thereof and the
premises or any part thereof is occupied or intended to be occupied
or, if either is unoccupied, the purpose for which it may be occupied.
USE, CHANGE OF
A change in the nature of occupancy or use of any principal
building or structure that requires the issuance of a building permit
and certificate of occupancy from the Town Building Inspector. A "change
of use" shall not include a similar use that can occupy a principal
building or structure with only minor remodeling or repair work and
that does not require the issuance of a building permit and new certificate
of occupancy.
USE, TEMPORARY
One established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.
VARIANCE
Permission to depart from the literal requirements of this
chapter, as granted by the Town Zoning Board of Appeals.
WATER BODY
Any body of standing water (natural or man-made) which is
not dry more than three months of the year and which has a ground
surface of two acres or more.
[Added 11-4-1992 by L.L. No. 9-1992]
WETLANDS
All areas as designated on the Official Town of Hamlin Wetlands
Map that are not defined as streams or water bodies greater
than two acres.
[Amended 11-4-1992 by L.L. No. 9-1992]
WIND ENERGY CONVERSION SYSTEM (WECS)
A WECS structure, or wind turbine, converts the kinetic energy
of the wind into a usable form of electrical or mechanical energy
and includes all parts of the system, including the tower and the
transmission equipment.