Pursuant to the provisions of Municipal Home Rule Law § 10
and Article 16 of Town Law, the Town Board of the Town of LeRay, in
Jefferson County and the State of New York, hereby enacts this chapter.
This chapter shall be known and may be cited as the "Town of
LeRay Zoning Law."
This chapter is designed to protect existing development while
providing some control of growth so that future development will not
be a detriment to the Town and its residents. Its purpose is:
A.Â
To provide adequate light and air;
B.Â
To prevent the overcrowding of land;
C.Â
To avoid the undue concentration of population;
D.Â
To lessen congestion on the highways;
E.Â
To secure safety from fire, panic, collapse and other dangers;
F.Â
To ensure adequate provision of transportation, water, sewerage,
schools, parks, plus fire and police protection;
G.Â
To ensure adequate provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor;
H.Â
To conserve property values;
I.Â
To encourage the orderly development of land for its most appropriate
use within the Town;
J.Â
To promote the general welfare and best interests of the Town;
K.Â
To protect the character stability and satisfactory interrelationships
of residential, commercial, agricultural, recreational and open space
areas of the Town; and
L.Â
To preserve and protect agricultural areas.
This chapter shall replace and supersede the prior existing
Zoning Law of the Town of LeRay and shall supersede other local ordinances
and laws inconsistent with this chapter.
Except where specifically defined in § 158-6 below, all words or terms used in this chapter shall carry their customary meaning. In addition, the following provisions shall apply in the interpretation and application of this chapter:
A.Â
Words used in the present tense include the future tense;
B.Â
The word "person" includes a firm, partnership, corporation, company,
association, organization or trust as well as an individual;
C.Â
The word "lot" includes the word "plot" or "parcel";
D.Â
The words "used" or "occupied" as applied to any buildings, structure
or land include the words "intended, arranged, or designed to be used
or occupied";
E.Â
Words in the singular include the plural;
F.Â
The word "shall" is mandatory.
G.Â
Whenever a word or term is defined to include certain items or matters,
such inclusion is intended to be by way of illustration and not of
limitation.
H.Â
Doubt as to the precise meaning of any word used in this chapter
shall be clarified by the Zoning Board of Appeals (ZBA) under its
powers of interpretation pursuant to New York State Town Law § 267-b.
As used in this chapter, the following terms shall have the
meanings indicated:
The lawful use of any structure or land having ceased for
a period of 12 consecutive months or longer shall be termed "abandoned."
The removal of the surface of the land through the combined
action of human activities and the natural processes at a rate greater
than would occur because of the natural process alone.
See "drives and circulation routes."
See "drives and circulation routes."
A self-contained dwelling unit incorporated within or attached
to a structure with a nonresidential principal use. Said accessory
dwelling is clearly a subordinate use to said principal structure
and must comply with the regulations of this chapter and other applicable
regulations. See "dwelling unit." Any accessory dwelling attached
to a principal single-family or multifamily structure shall be considered
an apartment. See "apartment."
A self-contained dwelling unit located on the same lot as
and detached from an owner-occupied single-family dwelling that is
clearly subordinate to the single-family dwelling and must comply
with the regulations of this chapter and other applicable regulations.
See "dwelling unit." Any accessory dwelling attached to a principal
single-family or multifamily structure shall be considered an apartment.
See "apartment."
A subordinate structure located on the same lot with the
principal structure, occupied by or devoted to an accessory use. Where
an accessory structure is attached to the principal structure in a
substantial manner, as by a wall or roof, such accessory structure
shall be considered part of the principal structure. Examples include
but are not limited to the following: greenhouses not associated with
an agricultural use; private detached garages; sheds and other storage
buildings; pole barns; carports and swimming pools. Further, an accessory
structure shall meet the following conditions:
A building originally constructed for its intended use.
For purposes of this chapter, cargo containers, railroad cars,
truck vans, converted mobile homes, trailers, recreational vehicles,
bus bodies, vehicles and similar prefabricated items and structures
originally built for purposes other than the fixed storage of goods
and materials are not accessory structures.
A use clearly incidental and subordinate to the principal
use and located in a principal or accessory structure and located
on the same lot therewith. In no case shall such accessory use dominate,
in area, extent or purpose, the principal lawful use or structure.
An accessory use may or may not utilize an accessory structure. Examples
of potential accessory uses without an accessory structure include
pasture, forestry and commercial parking facilities.
Adjacent structures or uses shall be located on adjacent
lots. Adjacent lots shall share a common vertex or boundary.
With reference to the location of a parking facility, land
located on an adjacent lot, across an alley, easement, street or highway
from the building incidental to which such space for vehicle storage
or off-street parking facility is required.
A use which is permitted as of right in a given district.
These uses are only required to file for and obtain a certificate
of compliance through the office of the Zoning Enforcement Officer.
Administratively permitted uses are not typically required to complete
the site plan review process. However, in the judgment of the Zoning
Enforcement Officer, applications containing "as of right" uses may
be required to undergo site plan review to ensure the health, safety
and welfare of the public. Also, for mixed-use development applications
containing administratively permitted uses and other uses requiring
site plan review, the entire application shall automatically be considered
for site plan review.
Retail sales by any person, establishment or business which
has 10% or more of its net available space set aside for, or 10% or
more of its stock-in-trade devoted to, sale or dissemination of audio,
video or print material distinguished or characterized by an emphasis
on matter depicting, describing or related to sexual activity or specified
anatomical areas; or sale of personal or intimate pleasure devices,
sex-toys, lubricants or like paraphernalia.
Any activity, excluding retail sales, by any person, establishment,
business or any other use which has 10% or more of its net available
space set aside for, or 10% or more of its stock-in-trade devoted
to, the display, viewing, sales or dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
related to sexual activity or specified anatomical areas, including
but not limited to motion-picture theaters, massage establishments
employing persons giving massages not licensed to do so by the State
of New York, and any activity by any establishment that allows or
promotes dancers, performers, employees or invitees, whether male
or female, to display specified anatomical areas.
The use of land and structures for the commercial processing,
packaging, storage and distribution of agricultural products, by-products,
feedstocks, fertilizers and wastes. Such uses are typically mechanically
and energy intensive and require commodities and/or wastes from multiple
separate farms and agricultural operations to function efficiently.
Examples include feed mills and manure biomass processing.
Includes all services performed on a farm in connection with
cultivating the soil, in handling, planting, drying, packing, processing,
grading or storing any agricultural commodity, but only if such service
is performed in the employ of an operator of a farm as an incident
to his farm operation and, in the case of fruits and vegetables, as
an incident to the preparation of his product for market. The term
does not include services performed in connection with commercial
canning or freezing.
A structure designed and constructed to house farm implements,
hay, grain, poultry, livestock, or other horticultural products. This
structure shall not be a place of human habitation or a place of employment
where agricultural products are processed, treated or packaged, nor
shall it be a place used by the public. Examples include but are not
limited to barns, silos, storage buildings, equipment sheds and other
structures customarily used for agricultural purposes. For purposes
of this chapter, cargo containers, railroad cars, truck vans, converted
mobile homes, trailers, recreational vehicles, bus bodies, vehicles
and similar prefabricated items and structures originally built for
purposes other than the fixed storage of goods and materials are not
agricultural structures.
Activities, including the production of maple sap and pure
maple products made therefrom, conducted by a farmer on-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.
The use of land and structures for the commercial production,
preservation, nonindustrial processing, storage and sale of agricultural
commodities such as crops, plants, flowers, vines, trees, sod, shrubs,
and compost, including any commonly accepted agricultural operations
such as the incidental mechanical processing of these commodities;
includes the on-site processing of lumber and firewood for on-site
utilization. The term does not include boarding, livestock, poultry,
hog, egg, dairy or fur farm operations as defined herein. This definition
also excludes saw mills, agricultural industry, feedlots, or lands
primarily used for disposal of garbage or animal byproducts.
A tract of land used for landing and takeoff of aircraft,
not operated for profit or as a commercial business.
To change or rearrange any exterior structural part of the
existing facilities of a building or structure, by enlarging the building
or structure, whether by extending any side or increasing the height
thereof, or to move the same from one location to another. It shall
not be considered an alteration if there is no expansion of exterior
dimensions. For example, replacement of windows, doors, siding, roofing,
etc., as well as interior alterations, shall not be considered an
alteration for the purposes of this chapter.
The breeding and direct sale to consumers of nine or fewer
small animals per annum born and raised on the breeder's residential
premises.
The commercial breeding, keeping and care of small animals
for wholesale sale. These commercial operations meet the definition
of a pet dealer pursuant to New York Agriculture and Markets Law Article
26-A or current legislation.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, and may
include temporary boarding facilities. Shall exclude the breeding
or sale of animals and shall exclude the treatment or care for humans.
The commercial keeping, grazing, feeding and care of large
animals. The term "animal husbandry" shall not be construed to include
the activities of kennels, fenced lots or the keeping of household
pets. The use includes incidental on-site agricultural uses and activities
and the wholesale breeding of large animals.
Any equine animal, including but not limited to a horse,
stallion, mare, gelding, filly, colt, mule, hinny, jack or jennet;
any species of the bovine family, including but not limited to any
cow, calf, steer or bull; any llama, alpaca, sheep, ram, ewe or lamb;
any goat, billy, nanny, or kid; or an emu, ostrich, or rhea.
Dogs, cats and other domesticated companion animals authorized
pursuant to the laws of New York State.
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 and microwave communication.
The frequency of these waves generally range from 10 hertz to 300,000
megahertz.
A room or suite of two or more rooms designed or used solely
as a residence in any building not used as a hotel, rooming or boarding
house or for other transient occupancy. The terms "apartment" and
"apartment building" shall not be deemed to include a hotel, motel,
automobile court, bed-and-breakfast, tourist home, furnished rooming
house, dormitory, boarding home, convalescent home, rest home, nursing
home or other accommodation used for transient occupancy.
Any single structure divided into four or more individual
apartments which share common entry, internal circulation and/or parking
facilities, and the totality of said structure is contained within
a single parcel with a single tax account identification number.
More than one apartment building, designed or used solely
for residential purposes, detached and grouped together on a single
parcel or multiple parcels.
Any stove, washing machine, dryer, freezer, refrigerator
or other household device or equipment abandoned, junked, discarded,
wholly or partially dismantled, no longer intended, or in condition,
for ordinary use for the purpose for which it was designed originally.
A prominent or significant part or element of a building,
structure or site. Architectural features include, but are not limited
to, the following:
ARCADEA passage or walkway covered over by a succession of arches or vaults supported by columns.
AWNINGA movable ornamental roof-like protective cover over a door, entrance, window or outdoor service area that projects from the facade of a structure and is constructed of durable materials, including but not limited to fabrics and/or plastics. An awning shall not be considered a building overhang (see below); same as "canopy."
CORNICEThe uppermost section of moldings along the top of a wall or just below a roof.
FASCIAAny horizontal surface which spans across the top of columns or across the top of a wall. Specifically, used to describe the horizontal fascia board which caps the end of rafters outside a building.
FOUNDATIONThat part of a building, either partially exposed or completely subterranean, which supports the structure and connects the above structure with the land below.
GLAZINGGlass windows that provide transparency into the building or structure.
OVERHANGA permanent component of the building facade which extends beyond the plane of the building, typically to provide shelter for entrances, dining areas, or windows. A building overhang differs from an awning in that overhangs are typically clad in solid surface materials.
PROJECTIONA vertical or horizontal break in a building facade which moves the wall surface outward.
RECESSA vertical or horizontal break in a building facade which moves the wall surface inward.
A building or structure where groups or individuals voluntarily
meet to pursue their common social, educational, religious, recreational,
or other interests, but not including an association or group organized
to render, purchase or otherwise make use of a service customarily
carried on as a commercial enterprise. For the purposes of this definition,
assembly uses do not include temporary festivals, animal shows and
similar outdoor events, or conference centers/convention centers.
A commercial establishment, registered with the New York
State Department of Motor Vehicles, of which the principal use is
the service and repair of automobiles, light-duty trucks, and motorcycles.
No fuel sales shall be part of such an establishment. Typical uses
might include a wheel and brake shop, tire sales and installation
facilities.
A commercial establishment of which the principal use is
the sale and/or rental of automobiles, light-duty trucks and/or vans,
and motorcycles, with repair and maintenance services as an accessory
use; also includes facilities which provide for the storage and rental
of vehicles on a regular basis by the general public, including automobiles,
vans and motorcycles. Typical uses include automotive dealerships
and auto rental agencies. No fuel sales shall be part of such an establishment.
General definition: A commercial establishment of which the
principal use is the provision of direct services to motor vehicles
where the driver or passengers generally wait in the car or nearby
while the service is performed. Incidental uses may include auto repair
and tire sales. See "retail, convenience" and "motor vehicle truck
stop" for uses supplying vehicular fuels.
Examples: This classification includes the following types of
specific uses:
Car wash: any building, land or other premises the principal
use and primary revenue-generating activity of which is the washing,
waxing or cleaning (detailing) of automobiles or similar light vehicles.
The retail dispensing or sales of vehicular fuels and convenience
retail are permitted as accessory uses.
Quick lubrication services: any building used for minor servicing
and repair of automobiles and light trucks, with an emphasis on the
sale and installation of lubricants. Body and fender work or repair
of heavy trucks or vehicles and retail dispensing or sales of vehicular
fuels are excluded from this use classification.
Service station: any building, land area or other premises whereby
the principal use is the minor towing, servicing and repair of automobiles
and light trucks; and including as an accessory use the sale and installation
of lubricants, tires, batteries and similar vehicle accessories.
The lowest sound level typically occurring in an environment.
The background or residual sound level is commonly defined as the
L90, i.e., the A-weighted sound level exceeded 90% of a monitoring
time period.
A person or party to whom personal property is delivered
for a purpose, such as custody or repair, without transfer of ownership.
A person or party that entrusts personal property to a bailee.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption during any period
of the day as permitted by law. Such an establishment is subject to
the regulatory authority of the New York State Liquor Authority. The
incidental sale or provision of food, light fare or snacks shall not
entitle such a use to be considered a restaurant under other provisions
of this chapter. Also, the periodic provision of musical, theatrical
or other forms of live or prerecorded entertainment shall not entitle
such a use to be considered a theater or cultural-use facility under
other provisions of this chapter. Synonyms include pub or tavern.
A building, on a property utilized for general agriculture,
animal husbandry, a farm or farmette, used for the storage of farm
products, including feed, equipment, machinery, or vehicles, and/or
the stabling and sheltering of animals. See also "agricultural structure."
A private residence in which no more than five rooms are
set aside for overnight guests whose paid accommodations include breakfast.
The operator shall live on the premises or in adjacent premises.
An earthen construct designed to provide visual interest,
screen undesirable views and/or attenuate noise.
A commercial enterprise for the manufacture of malt liquors
such as beer and ale. When located on a single site, this definition
shall include all activities associated with the preparation of raw
materials, the manufacture of product, and its packaging and distribution.
Facilities which only produce or prepare raw materials for brewing,
or which bottle or package said product for distribution, shall be
considered as "general industry"; includes "winery" and "distillery"
and associated preparations, manufacture, packaging and distribution
for such uses.
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
Any structure generally considered to be permanent, which
is affixed to the land, wholly or partially enclosed within exterior
walls and a roof, affording shelter to persons, animals, and property
or business activity.
BUILDING AREAThe total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, excluding chimneys, uncovered porches, patios, terrace, steps and open areaways.
BUILDING FRONTAGEThe width of a building facing a street or public parking lot; in the case of a corner lot, it may be either frontage at the option of the applicant. In the case of a retail shopping center, "building frontage" shall mean that portion of the building perimeter facing a street or designated parking areas; in the case of two such perimeters, it may be either frontage at the option of the applicant.
BUILDING FOOTPRINTThe outline of the total area of a lot or site that is surrounded by the exterior walls of a building or portion of a building, exclusive of yards and courts.
BUILDING HEIGHTThe vertical distance measured from the mean elevation of the proposed finished grade on all sides of the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, tanks and similar objects.
BUILDING LINEThe foundation line of the face of the building or structure nearest the lot line, including eaves and overhangs, chimneys, covered and uncovered porches, patios, steps, terraces and open areaways.
BUILDING ROOFSee "roof."
BUILDING SITEThat portion of the lot or parcel of land upon which a building and appurtenances are to be placed or are already existing, including adequate areas for sewage disposal, clearances, proper drainage, appropriate easements and, if applicable, the requirements of other ordinances of the Town of LeRay.
PRIMARYThe primary location from which patrons, tenants, visitors and the general public may enter or exit the building. Utility and loading doors shall not be constituted as principal entrances unless they serve a dual purpose as such.
SECONDARYAny entry point with restricted access and not utilized as a primary means to access habitable or leasable space within a building.
SHAREDAn entrance utilized by multiple building tenants or occupants to access common areas and internal corridors within the building.
Any building frontage:
All other building frontages not defined as a primary building
facade.
Any building which includes multiple uses integrated in a
compatible fashion either horizontally and/or vertically and in accordance
with the New York State Building Code. Said structure must obtain
all applicable permits and approvals required for each use which may
or may not be accomplished via a single application and review process.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile,
retail or manufacturing purposes where merchandise is on display and
offered for sale. Offices used for a professional business, in part
or in whole, will be classed as an office building.
That permit issued by the Jefferson County Fire Prevention
and Building Code Department stating that the purpose for which a
building or land is to be used is in conformity with the uses permitted
and all other requirements under this chapter for the district in
which it is located, and stating that all construction, relocation
or extension of buildings are in compliance with the provisions of
this chapter, the New York State Building Code and other regulations.
Any building in which is conducted the main or principal
use of the lot on which such building is located.
Any building or structure used for municipal, civic, ecclesiastical,
recreational or other purposes not used for enterprise.
Any lot, parcel or tract of land on which two or more camp
or travel trailers, tents or similar structures are located or parked
for transient use, regardless of whether or not a charge is made for
such accommodations.
Any permanent awning or shelter with no support from the
sidewalk, which projects from a building facade and which extends
along the entire building frontage.
See "temporary amusement."
An establishment for the washing of motor vehicles as a principal
use. See "automotive service, limited."
Land used or intended to be used for the burial of deceased
human beings and dedicated for such purpose, including crematories,
mausoleums or mortuaries when operated within its boundaries.
Official certification from the Zoning Enforcement Officer
acknowledging an acceptable use of land or structure in accordance
with the Town of LeRay Municipal Code. See "zoning permit."
Official certification issued by the Jefferson County Fire
Prevention and Building Code Department indicating that a premises
conforms to the provision of the Zoning Law, Building Code, and other
applicable regulations and may be used or occupied.
Those traveled ways within a parking lot marked or intended
to provide for an orderly flow of traffic within the parking area.
[Added 8-11-2016 by L.L.
No. 4-2016]
See "temporary amusement."
The storage of personal or commercial goods in units that
are maintained at controlled temperatures all year long.
A development pattern in which uses are grouped or clustered through a density transfer within a particular development, rather than spread evenly throughout a parcel as in conventional lot-by-lot development, for the purposes of preserving the natural and scenic qualities of open lands; allows for an alternative method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands. Cluster developments are subject to § 278 of the Town Law, as well as the regulations set forth in Article VI of Chapter 135, Subdivision of Land.
Those areas indicated within the Commercial Corridors Design
Overlay District. [See 158 Attachment 2:3 dated October 1, 2008.]
Shall constitute the Mixed-Use District (MU) and Commercial
Corridors District (CC).
An agricultural enterprise, consisting of at least seven
acres and stabling at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
through the provision of commercial equine activities, including but
not limited to riding lessons, trail riding activities or training
of horses, or through the production for sale of crops, livestock,
and livestock products, or through both the provision of such commercial
equine activities and such production. Under no circumstances shall
this definition be construed to include operations whose primary on-site
function is horse racing. Notwithstanding any other provision of this
chapter, an agricultural enterprise that is proposed or in its first
or second year of operation may qualify as a commercial equine operation
if it consists of at least seven acres and stables at least 10 horses,
regardless of ownership, by the end of the first year of operation.
See "garden center."
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production. Under no circumstances shall this
definition be construed to include operations whose primary on-site
function is horse racing. Notwithstanding any other provision of this
chapter, a commercial horse boarding operation that is proposed or
in its first or second year of operation may qualify as a farm operation
if it is an agricultural enterprise, consisting of at least seven
acres, and boarding at least 10 horses, regardless of ownership, by
the end of the first year of operation.
Includes those establishments which provide for the administration,
management, processing, or facilitation of business activities whereby
the immediate end product does not include the manufacture, development,
fabrication, storage, or sales of physical or durable goods. Professional
offices which supply consultant, medical, dental, insurance, legal,
financial, health care or similar-type services are considered commercial
offices under this definition.
See "motor vehicle parking facility."
Characterized by the direct on-premises sale of goods and
services to the ultimate consumer, including on-premises fabrication,
processing, servicing and preparation. Commercial retail uses include
establishments that provide personal services such as laundry, beauty
and similar-type activities. When referenced, this term shall include
all forms of retail as described above.
Surface or subsurface water sources used to supply public
water systems, whether community or noncommunity systems, which provides
piped water to the public for human consumption, if such system has
at least five service connections or regularly serves an average of
at least 25 individuals daily at least 60 days out of the year.
The on-farm processing, mixing, handling or marketing of
organic matter that is grown or produced by such farm operation to
rid such farm operation of its excess agricultural waste; and the
on-farm processing, mixing or handling of off-farm-generated organic
matter that is transported to such farm operation and is necessary
to facilitate the composting of such farm operation's agricultural
waste. This shall also include the on-farm processing, mixing or handling
of off-farm-generated organic matter for use only on that farm operation.
Such organic matter shall include, but not be limited to, manure,
hay, leaves, yard waste, silage, organic farm waste, vegetation, wood
biomass or by-products of agricultural products that have been processed
on such farm operation. The resulting products shall be converted
into compost, mulch or other organic biomass crops that can be used
as fertilizers, soil enhancers or supplements, or bedding materials.
For purposes of this section, compost shall be processed by the aerobic,
thermophilic decomposition of solid organic constituents of solid
waste to produce a stable, humus-like material.
The Comprehensive Plan adopted by the Town Board for the
future preservation and development of the Town of LeRay, including
any part of such plan separately adopted and any amendments to such
plan. See also "general plan."
The form of housing tenure and other real property where
specified portions of a parent piece of real estate, such as but not
limited to individual dwelling units, are individually owned while
use of and access to common facilities, such as ingress/egress and
circulation areas, parking areas, recreation and exterior spaces,
is executed under legal rights associated with the individual ownership
and controlled by the association of owners that jointly represent
ownership of the parent piece.
A large building designed to accommodate the gathering of
individuals and groups to promote and share a common interest. These
uses typically offer sufficient floor area to accommodate several
hundred or thousands of attendees and may offer separate spaces such
as concert halls, lecture halls, meeting and conference rooms. The
use may be stand-alone or in conjunction with an accommodations use.
A perpetual restriction on the use of land for the purposes
of conserving open space, agricultural land and natural, cultural,
historic, and scenic resources.
A temporary or permanent facility utilized for the storage
of vehicles, equipment, materials and other appurtenances utilized
in or by the construction industry.
A change in use or occupancy of a building, generally by
alteration or by other reorganization as to increase the number of
families or dwelling units in a structure.
An open unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
The percentage of the lot covered by the aggregate area of
all buildings or structures on the lot.
A street, lane or alley with an intersection on one end and
a closed turning area on the other.
Any building, room or area designed or utilized primarily
for the presentation to the general public of live theater, dance
performances, musical concerts, cinema, movies, lectures, exhibits
of various art forms or exhibits of cultural, historic, academic or
scientific material.
A point of ingress or egress that links a parcel of land
with a public right-of-way and is an improved pavement with defined
limits pursuant to the design requirements of the entity claiming
jurisdiction of said right-of-way.
The mean street grade established by a municipal code or,
in the absence of an established grade, the mean level of the existing
curb or of the lot at the street line.
A facility duly permitted by the New York State Department
of Social Welfare providing or designed to provide day care for five
or more persons on a regularly scheduled basis. Also see § 390
of the Social Services Law of the State of New York.
An occupied family residence providing day care for three
to six children for more than three hours per day. See § 390
of the Social Services Law of the State of New York.
An open-air structure providing outdoor living or circulation
space. Decks may be at grade or above grade, freestanding, partially
connected to an existing structure or constructed on top of an existing
structure, pursuant to the New York State Building Code and the New
York State Residential Code. Decks are considered a structure and
shall conform to required lot setback and coverage requirements.
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
The act or process of wrecking, completely destroying or
removing an existing structure from a site.
The required land area for each dwelling unit (DU) within
a given parcel of land, such as a minimum density of square feet of
land area for each dwelling unit.
The measure of the quantity of a particular use allowed at
a particular location. The four basic measures include dwelling units
per acre, minimum lot sizes, floor area ratio (FAR), and maximum height
restrictions.
The compulsory standards as prescribed within this chapter
pertaining to the design and implementation of building and property
development within the Town of LeRay.
See "restaurant."
Any lawful use, activity or operation having ceased for a
period of 12 consecutive months or longer shall be termed "discontinued."
The term "discontinued" differs from "abandoned," in that, in the
case of a discontinued use, a given site may continue to be actively
used, yet specific operations or uses of structures or land may have
been terminated. This term does not apply to agricultural or farming
activities.
[Amended 8-9-2018 by L.L.
No. 5-2018]
An establishment where alcoholic drinks are made by distillation,
to include spirits and liquor. However, though processes differ, a
distillery shall be considered synonymous with a brewery and a winery
in terms of use regulation. See "brewery."
See "zoning district."
A channel or dike constructed up slope of a project for the
purpose of diverting stormwater away from the unprotected slope.
A structure projecting from or along the shore into the water
of Lake Ontario or its tributaries and including piers and wharfs
used as a berthing place for boats to load or unload.
A fixed structure projecting from or along the shore into
the water of Lake Ontario or its tributaries that remains in the lake
for more than eight months of the year, including docks and piers
used as berthing places for boats.
See "driveway" and "drives and circulation routes."
The following set of terms refer to vehicular circulation
routes designed and/or constructed for the safe, convenience and efficient
access within and/or between private development tracts and between
said development tracts and four-lane or divided highways.
ACCESS DRIVEThe primary route of internal circulation within a parking facility providing direct building, loading and dropoff access, emergency access, access to drive aisles and connectivity with adjacent service drives. Access drives do not provide direct connections to divided or four-lane highways, are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
ACCESS LANEA permanent and continuous access route between access drives on adjoining properties, either planned or constructed, to facilitate shared or common access to a service drive. Access lanes are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
DRIVE AISLEThe primary access route connecting access drives and individual parking spaces. Access lanes are a component of internal site circulation owned and maintained by private interests and are not a public right-of-way.
SERVICE DRIVEA primary form of ingress and/or egress to a four-lane or divided highway providing access to more than three nonresidential lots in a coordinated, well-planned manner. Service drives are public or private roads that meet Town of LeRay design and construction standards for roads within a defined right-of-way.
A use or portion of a use which, by design of physical facilities
or by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product via a motor vehicle which
may be consumed or used on or off the premises. Such drive-through
facilities include, but are not limited to, banking teller windows,
automatic teller machines, restaurant order and pickup windows, and
other pickup, delivery or transaction services deemed inclusive by
the Planning Board. "Drive-through," "drive-in," and "drive-up," shall
be considered synonymous terms.
An area on private property providing access from public
road, to include any portion of property located within a right-of-way
area, or private road to three or fewer lots where vehicles are operated
or allowed to stand. See also "driveway, shared."
[Amended 8-11-2016 by L.L. No. 4-2016]
An area or areas on one or more private residential properties
providing access from a public or private road where the usage of
said access route is provided to three or fewer lots through an easement
agreement, to include any portion of property located within a right-of-way
area. Shared or common driveway access for more than three residential
lots is defined as a "road."
[Amended 8-11-2016 by L.L. No. 4-2016]
An establishment used to clean articles or goods of fabric
to be subjected to the process of dry cleaning, dyeing or stain removal.
A dry-cleaning facility includes the cleaning of fabric on site using
the dry-cleaning process.
An establishment used to collect and distribute articles
or goods of fabric to be subjected to the process of dry cleaning,
dyeing or stain removal, at an off-site dry-cleaning facility location.
A thermally insulated chamber that produces temperatures
sufficient to complete hardening or drying of lumber, most notably
the drying of greenwood or seasoning of firewood.
Any building permanently used or occupied as living quarters
for one or more families. The term does not include bed-and-breakfast
inns, travel trailers, recreational vehicles or trailers utilized
for purposes other than living quarters.
A building designed for, or occupied by, three or more families
living independently of each other and containing three or more dwelling
units. For the purposes of this chapter, an apartment building is
considered a multiple-family dwelling.
A detached building designed for or occupied exclusively
by one family and containing only one dwelling unit.
A dwelling accommodating or designed to accommodate but a
single family in a single dwelling unit, the walls on two sides of
which may be in common with the walls on an adjoining dwelling and
are party or lot line walls. The real property title and ownership
of the building and property are vested in an owner having an undivided
interest with others in the common usage areas and facilities which
serve the project.
A lot which is subdivided into privately owned parcels to
create a project of townhouse, townhome or condominium units, which
may consist of one or more buildings, attached or detached.
A building designed for, or occupied by, two families living
independently of each other and containing two dwelling units.
A single unit providing complete, independent living facilities
for one individual or one family, including permanent provisions for
living, sleeping, eating, cooking and sanitation. The terms "dwelling,"
"one-family dwelling," "two-family dwelling," "multiple-family dwelling,"
or "apartment" shall not include a motel, hotel, boardinghouse, bed-and-breakfast
or inn.
Any construction or other activity which disturbs the surface
of the land, including, but not limited to, excavations, embankments,
development, subdivision development, mineral extraction and the moving,
depositing or storing of soil, rock or earth.
Authorization by a property owner for the use by another,
for a specified purpose, of any designated part of his property.
A deposit of soil, rock or other material placed by man.
For the purpose of determining off-street parking requirements,
the greatest number of persons to be employed or capable of employment
during any one work period during day or night.
The New York State Energy Conservation Code, as currently
in effect and as hereafter amended from time to time.
A person licensed as a professional engineer by the State
of New York.
The sale, repair and rental of supplies and equipment primarily
intended for homeowner use and minor residential gardening and construction
projects (e.g., lawnmowers, snow blowers, medium-duty construction
equipment such as rubber-tired backhoes, smaller dozers, and aerial
lifts), including the sale, installation and servicing of related
equipment and parts. This use classification does not include the
rental, storage or maintenance of large construction equipment, which
is included in the broader use classifications of vehicle and equipment
sales, repair and rentals. There are two classifications for equipment
sales, repair or rentals:
EQUIPMENT SALES, REPAIR OR RENTALS, SMALL-SCALEUses conforming to the above definition occupying less than 1,000 square feet of gross building area.
EQUIPMENT SALES, REPAIR OR RENTALS, LARGE-SCALEUses conforming to the above definition occupying 1,000 square feet or more of gross building area.
To construct, build, re-erect, reconstruct, rebuild or excavate
for a building or structure.
The natural process by which the surface of the land is worn
away by the action of water, wind or chemical action.
A plan which is designed to minimize accelerated erosion and sedimentation as set forth in § 158-66.
Erection, construction, alteration, operation or maintenance
by municipal agencies or public utilities of telephone dial equipment
centers, electrical or gas substations, water treatment or storage
facilities, pumping stations and similar facilities. This term does
not include telecommunications tower.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
A direct entrance from a public way to a habitable or tenantable
space.
See "temporary amusement."
The potential fall area for a small wind energy conversion
system tower. It is measured by using 110% of the total tower height
as the radius around the center point of the base of the tower.
One or more persons, occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
A separate living unit made a part of a single-family dwelling
or its attached garage in which will reside an individual who is related
by birth, marriage, or adoption to at least one resident of the primary
living unit of the dwelling or a caregiver who is taking care of one
or more individuals who are residing in the primary living unit.
Any lot or building or part thereof used or occupied for
the raising for compensation of more than 100 bovine.
Any lot or building or part thereof used or occupied for
the raising for compensation of poultry and/or eggs in excess of 100
birds.
A commercial farming operation on a residential parcel less
than or equal to seven acres in size where the residential use is
the primary use of the parcel. The farming operation is the secondary
use and is not the primary income source of the residential property
owner.
Any lot or building or part thereof used or occupied for
the raising or keeping for compensation of more than an aggregate
total of 12 rabbits, foxes, minks, skunks, alpacas, sheep or other
fur-bearing animals.
Any lot or building or part thereof used or occupied for
the raising for compensation of more than 12 hogs.
Any lots, buildings or structures used or designed to be
used as temporary living or sleeping quarters primarily for the housing
of seasonal or temporary farm laborers and their families. A farm
labor camp may include a manufactured home or homes.
A public, quasi-public or private venue at which one or more
farmers and often other vendors sell produce and products directly
to public consumers. A farmers' market must entail the sale of agricultural
products and produce from more than 50% of the vendors.
As defined by New York State Department of Agriculture and
Markets, land used in agricultural production, including the land
and on-farm buildings, equipment, manure processing and handling facilities,
and practices which contribute to the production, preparation and
marketing of crops, livestock and livestock products as a commercial
enterprise, including a commercial horse boarding operation, a timber
operation, compost, mulch or other biomass crops and commercial equine
operation. Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous
to each other. A farm is differentiated from general agriculture by
the inclusion of boarding, livestock, poultry, hog, egg, dairy or
fur farm operations up to the limitations described herein. This definition
excludes agricultural industry or lands primarily used for disposal
of garbage or animal byproducts. A limited saw mill is considered
an appropriate accessory use on a farm.
See "roadside stand."
A lot or building or combination of lots or buildings intended
for the confined feeding, breeding, raising or holding of animals
specifically designed as a confinement area in which the concentration
of animals is such that a vegetative cover cannot be maintained within
the enclosure. Open lots used for feeding and rearing poultry are
considered feedlots. Pastures are not considered animal feedlots.
A facility of wood, stone or other structural materials or
combination thereof intended for defense, security, visual screening,
partitioning, enclosure or noise attenuation. See also "screen."
A drawing, in final form, containing all information or details
required by law and by these regulations to be presented to the Planning
Board for approval and which, if approved, may be duly filed or recorded
by the applicant in the office of the Town Clerk.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's flood
insurance study. The Flood Boundary and Floodway Map delineates a
regulatory floodway along watercourses studied in detail in the flood
insurance study.
Maximum area of the floodplain that, on the average, is likely
to be flooded once every 100 years; as depicted on the Flood Insurance
Rate Map (FIRM) for the Town of LeRay.
The flood elevation that has a one-percent chance of being
equaled or exceeded each year. (The one-hundred-year flood could occur
more than once in a relatively short period of time.)
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water; or abnormally high tidal water
or rising lake waters resulting from severe storms, hurricanes or
tidal waves.
The total horizontal area of all floors of a building, excepting
the basement and attic thereof, measured along the faces of the exterior
walls, excluding porches and breezeways.
The ratio between total floor area permitted in any district
and the total site area. The floor area of the building considered
for the computation of floor area ratio shall be restricted to those
levels above the surface of the ground and shall not include any basement
or garage spaces under the surface. Garage facilities above the surface
shall be included in the computations. Where the ground level changes
a full story height or more along a building facade, the floor area
of such story shall be prorated in proportion to the average story
height above grade. Total site area shall be the entire site within
the property lines of any development.
See "general industry."
See "mobile food service establishment."
Includes the trucking, staging, storage and primary manufacture
of timber products. Primary manufacturing uses include saw mills,
veneer mills, pressure treatment, dry kilns, and the processing of
timber for construction materials. See "timber operation" for on-farm
operations associated with firewood, wood chips, wood mulch, compost
and biomass feedstocks. For the production of pulp, see "general industrial."
Also, see "industry" for the manufacture, finishing, painting, staining,
construction and/or assembly of finished products from timber, such
as cabinetry, millwork and furniture.
Establishments primarily engaged in the operation of timber
tracts, tree farms, forest nurseries, the harvesting, gathering and
transportation of forest products, or in performing forest services
and silviculture. Incidental milling of lumber to facilitate the transport
of material is included in this definition. See "general industry"
for definitions which include lumber mills and similar uses.
An intermediary destination or point in the shipping cycle
where freight is processed and/or transferred to a temporary holding
area or to other trucks or picked up by other forms of transportation
for delivery to other intermediary or final destination points. Warehousing
may be an accessory use. Examples include an intermodal station for
transfer of goods between rail and truck or a transfer station for
a commercial parcel delivery service (example: FedEX; UPS). Such uses
typically include rail access and extensive large-truck traffic.
An apparatus within a single housing utilized to pump automotive
fuels into vehicles from a single side or both sides of the apparatus.
An establishment with facilities for the preparation of the
deceased for burial or cremation, for the viewing of the body and
for the observances held for the deceased as an incident to burial
or cremation, including crematories or mortuaries when operated on
the same or adjacent lot.
See "accessory structure."
The sale of personal property conducted in or near a residence,
under cover or partially under cover or completely outside of any
building, in the open. The term shall include garage sales, lawn sales,
porch sales, patio sales, rummage sales or other similar sales which
are advertised by a sign or other means, for the public to attend.
Establishments or places of business primarily engaged in
retail sales from the premises, including trees, shrubs, seeds, fertilizers,
pesticides, plants and plant materials. Such establishments typically
sell products purchased from others but may sell material which they
grow themselves; also referred to as a "commercial greenhouse." See
also "retail, large product."
See "retail, convenience" and "motor vehicle truck stop."
A Comprehensive Plan or Master Plan for the development of
the Town of LeRay prepared pursuant to § 272-a of the Town
Law. See also "Comprehensive Plan."
A system that circulates a heat transfer fluid, typically
food-grade antifreeze, through a closed system of pipes or coils buried
beneath the land surface or anchored to the bottom of a body of water.
A system that harnesses the relatively constant temperature
of the earth or a body of water to provide space heating and/or cooling.
System components include open or closed loops of pipe, coils or plates;
a fluid that absorbs and transfers heat; and a heat pump unit that
processes heat for use or disperses heat for cooling; and an air distribution
system.
Nontoxic, food-grade or United States Pharmacopeia (USP)-grade
fluids of potable water or aqueous solution of propylene glycol not
to exceed 25% by weight.
A system that uses groundwater as a heat transfer fluid by
drawing groundwater from a well to a heat pump and then discharging
the water over land or directly into a water body or into an injection
well.
An area primarily used for the play of golf, including nine-
and eighteen-hole courses and driving ranges.
A structure, primarily of glass, in which temperature and
humidity can be controlled for the cultivation or protection of plants,
fruits or vegetables, which is accessory to the main use of the property.
Personal greenhouses are not to exceed 1,500 square feet in area or
15% of the parcel, whichever is the lesser.
An establishment engaged in the growing of trees, shrubs,
seeds, fertilizers, pesticides, plants and plant materials for the
sole purpose of offering for wholesale purchase. A wholesale greenhouse
is considered an agricultural operation, not offering direct-to-consumer
sales.
Any pervious vegetated surface.
The gross size of the total floor area of the outside dimensions
of a building. These dimensions shall include the length, width and
number of stories of the facility.
The gross size of the floor area of a commercial/retail facility
which is leased.
A tower structure, typically for use in telecommunications,
which is partially supported via cables that are tethered at multiple
points between the tower structure and the ground.
A facility providing medical care, treatment and minor surgical
procedures for non-life-threatening injuries. Such facilities typically
operate for extended hours throughout the day and are utilized as
an alternative to traditional emergency departments at hospitals.
These facilities are not coincident with primary medical care providers
and are not considered medical offices.
See "screen."
A profession or other occupation customarily conducted within a dwelling by one or more members of the family residing therein and clearly incidental, accessory and secondary to the residential use of the property. An occupant must be the principal practitioner of the home occupation. Home occupations do not include telecommuters. Home occupations are subject to the regulations in accordance with the provisions of Article XV of this chapter.
A trailer that is used to transport horses.
An institution providing primary health services and medical
or surgical care to persons, primarily in-patients suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities. This term includes nursing homes.
A building or group of buildings with more than 15 rooms
other than a boardinghouse or tourist home in which there are rental
sleeping rooms, and which may also include dining rooms, kitchen serving
rooms, ballrooms and other facilities and services intended primarily
for the accommodation of patrons. Motels are typically differentiated
by having individual unit entrances accessible from exterior parking
or corridor areas, whereas hotels provide enclosed and shared-access
facilities from a central location within the structure.
Any roofed or other solid building structure or material
covering the ground through which water does not readily penetrate,
including but not limited to concrete, oil and stone, tar or asphalt
pavement, or compacted gravel. Regardless of the construction materials,
any area which is used for driveway or parking purposes, including
disturbed grass, ground cover or dirt, shall be considered impermeable.
The ratio between impermeable surface and total land area
of a lot expressed as the percentage of land covered by impermeable
surfaces.
A use or activity which accompanies a primary or principal
use or activity, the exclusion or inclusion thereof having no substantial
impact on the primary or principal use. An incidental use is not the
equivalent of an accessory use.
This classification includes the following specific types
of uses:
CUSTOM INDUSTRYEstablishments primarily engaged in on-site production or repair of goods, involving the use of hand tools and small-scale equipment, including small engine repair, furniture, cabinetry making and restoring, upholstering, custom care or motorcycle restoring, and other similar uses.
GENERAL INDUSTRYManufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck traffic and/or outdoor storage of products, materials, equipment or bulk fuel. This classification generally includes food processing and packaging, laundry and dry-cleaning plants, small animal breeding, stonework and concrete products manufacturer (including concrete ready-mix plants), and power generation. These uses also include the secondary manufacturing of forest products such as engineered sheet goods, building structural components, and products from pulp.
INDUSTRIAL SERVICESFirms engaged in the repair or servicing of industrial, business or consumer machinery, equipment, products or by-products. Operations often include outdoor activities and storage of products, materials, equipment or bulk fuel. Firms that service consumer goods do so by mainly providing centralized services for separate retail outlets. Few customers, especially the general public, come to the site. Ancillary activities may include offices, parking and storage.
Examples: Examples include welding shops; machine shops, tool
repair; storage, salvage or wrecking of heavy machinery, metal and
building materials; vehicle towing; auto and truck salvage and wrecking;
heavy truck servicing and repair; tire retreading or recapping; building,
heating, plumbing or electrical contractors; printing, publishing
and lithography; exterminators; fuel oil distributors; solid fuel
yards; uses that involve the transfer or storage of solid or liquid
waste; and photofinishing laboratories.
LIMITED INDUSTRYManufacturing of finished parts or products, primarily from previously prepared materials, or the provision of industrial services, both within an enclosed building. This classification includes laboratories, processing, fabrication, assembly, treatment and packaging, but excludes basic industrial processing from raw materials, food processing and vehicle/equipment services. Typical uses include custom bookbinding, ceramic studios, candle-making shops and custom jewelry manufacturer. Limited industry uses shall not include uses such as mining and extracting industries, petrochemical industries, rubber refining, primary metal and related industries, or other noxious industrial uses. Incidental direct sale to consumers of only those goods produced on site is permitted.
A commercial facility for the housing and feeding of transients,
containing more than four rooms and less than 15 rooms. The facility
may have accessory uses such as a restaurant or a bar.
An industry on a limited area and where less than 10% of
the weight of the feed consumed by animals is grown on the premises.
A channel or dike constructed across a slope for the purpose
of intercepting stormwater, reducing the velocity of flow, and diverting
it to outlets where it may be deposited.
Any motor vehicle, whether automobile, bus, trailer, truck,
tractor, motor home, motorcycle, motor bicycle, minibicycle or snowmobile,
or any other device originally intended for travel on the public highways
or for recreational use, which is unlicensed, wrecked, stored, discarded
or dismantled or partly dismantled, which is not intended or in any
condition for legal use upon the public highway, and is in such condition
as to cost more to repair and place in operating condition than its
reasonable market value at that time before such repair. With respect
to any motor vehicle not required to be licensed or motor vehicle
not usually used on public highways, the fact that such motor vehicle
has remained unused for more than six months and is not in condition
to be removed under its own power shall be presumptive evidence that
such motor vehicle is a junk motor vehicle.
An area of land with or without buildings, used for the storage
outside of used and discarded materials, appliances, waste matter,
house furnishings, machinery, junk vehicles as described above or
parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The outdoor storage
of two or more junk vehicles (excluding unregistered operative vehicles
used in conjunction with the operation of a farm), or the major parts
of two or more such vehicles, for a period of two months or longer,
shall also be deemed to make the lot a junkyard.
A premises on which four or more dogs or four or more cats
more than four months old are kept. The term "kennel" includes:
Any establishment for the boarding, training, or breeding of
dogs or cats for which a fee is charged. Such establishments may include
incidental grooming or sale of pet supplies.
Any lot smaller than one acre where three or more dogs, not
including dogs under four months of age, are kept for any purpose.
See "laundry, self-serve."
A business that cleans clothing or which is equipped with
individual clothes washing and drying and/or cleaning machines for
the principal use of retail customers. Use may or may not include
a dry cleaning outlet.
A use which was lawful when established even if a subsequent
change in the law or regulations makes it currently unlawful.
[Added 8-9-2018 by L.L.
No. 5-2018]
A person to whom a lease is granted for use of property.
A person who grants a lease of property.
The shortest horizontal distance from the nearest point of
the structure or object to the extension of the center line of a well
or mean high water mark in the case of an open water source.
One or more domesticated animals raised in an agricultural
setting to produce commodities such as food, fiber and labor, and
shall include poultry and fish. Animals and wildlife identified by
the New York State Department of Environmental Conservation as dangerous
or exotic are not considered livestock.
Off-road space used for the temporary location of one licensed
motor vehicle.
A parcel of land occupied or designed to be occupied by structures
and/or uses, including such open spaces as are required by this chapter,
having not less than the minimum area, width and depth required for
a lot in the district in which such land is situated, and having frontage
on a street, or other means of access as may be determined by the
Planning Board to be adequate as a condition of the issuance of a
zoning permit to build on such land.
A lot with its widest point set back from the road at the
rear of another lot (called the flag) and having a thin strip of land
connecting to a road to provide legal access and frontage (called
the stem).
That side of a lot abutting on a road or right-of-way and
ordinarily regarded as the front of the lot, but it shall not be considered
as the ordinary side line of a corner lot.
The stem portion of a flag lot abutting on a road or right-of-way
and ordinarily regarded as the front of the lot, but it shall not
be considered as any portion of the lot boundary directly adjacent
to the buildable area of the lot.
Property lines bounding a lot.
The property line separating a plot or parcel of property
from a public street or highway. If a lot adjoins two or more streets
or highways, it shall be deemed to have a front lot line respectively
on each. All frontage requirements for the zoning district in which
the lot is located must be met.
[Amended 8-11-2016 by L.L. No. 4-2016]
That lot line which is opposite and most distant from the
front lot line.
A lot line not a front lot line or a rear lot line.
Any lot which individually or as a part of a subdivision
has been recorded in the County Clerk's office and for which proof
can be given that the lot was intended for development prior to adoption
of this chapter.
Contains the following characteristics:
Individual components produced or fabricated in a factory setting
for assembly elsewhere.
Designed and constructed for transportation to a site for installation
and use, potentially including connection to utilities.
An independent, individual building or a module for combined
assembly with other modules or elements to form a permanent building
on a suitably prepared foundation.
A structure consisting of a permanent steel frame or chassis
that has been partially or entirely constructed at another location
and moved onto a site. This definition includes all manufactured housing
built on a chassis or frame whether or not wheels, axles, hitch or
other appurtenances of mobility are removed after installation, and
regardless of the nature of the foundation provided. A manufactured
home shall be construed to remain a manufactured home, subject to
all regulations applying thereto. A manufactured home shall not be
construed to be a travel trailer or other form of recreational vehicle.
A manufactured home shall be constructed pursuant to the National
Manufactured Home Construction and Safety Standards Act administered
by the Department of Housing and Urban Development (HUD) that went
into effect July 15, 1976, and shall display the red certification
label on the exterior of each transportable section. See also "mobile
home."
A property consisting of a tract of land maintained by an
operator for mobile homes and/or manufactured homes, and buildings
or other structures that may be pertinent to their use, any part of
which may be occupied by persons for residential purposes other than
recreation, traveling, or vacationing, and who are provided services
or facilities necessary for their use of the property. Manufactured
home parks shall conform to New York State Department of Health and
New York State Department of State Division of Code Enforcement and
Administration requirements and include such properties on which five
or more manufactured or mobile homes are sited and occupied for living
purposes. The term "mobile home park" shall be considered a synonym
when used elsewhere within this document or any other state or federal
regulation or code.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualification, payment of fees or dues, regular
meetings, a constitution or bylaws. Examples include the American
Legion, Rotary International, Veterans of Foreign Wars, and Elks USA.
Any mining operation that does not constitute a New York
State Department of Environmental Conservation (DEC) regulated mining
operation.
An area of land where more than 1,000 tons or 750 cubic yards,
whichever is less, of minerals is being excavated or proposed to be
excavated from the earth within 12 successive calendar months or an
area of land adjacent to any body of water not subject to the jurisdiction
of Article 15 of the Environmental Conservation Law or successor statute
to the Public Lands Law where more than 100 cubic yards of minerals
is excavated or proposed to be excavated.
A development or redevelopment that allows for the vertical
and horizontal integration of a diverse range of complementary uses
within a single structure or contained on a single lot, including
but not limited to residential, commercial and industry uses.
An establishment operated under license or permit of an appropriate
regulatory authority where food is manufactured, stored, prepared,
portioned or packaged, or any combination of these, where such food
is intended for consumption at another establishment or place. It
is also the place which is used as the base of operations for one
or more mobile food service establishments or pushcarts, where such
unit or units are serviced, cleaned, supplied and maintained, and
where the equipment, utensils and facilities are serviced, cleaned
and sanitized.
Any vehicle that is self-propelled, or an unpowered vehicle
which can be pushed or pulled down a sidewalk, street or highway,
on which food is prepared, processed or converted, or which is used
in selling and dispensing food to the ultimate consumer. This definition
shall include food trucks, food carts and push carts.
A movable or portable unit manufactured prior to July 15,
1976, designed and constructed to be towed on its own chassis, comprised
of frame and wheels, connected to utilities, and designed and constructed
without a permanent foundation for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed
and expanded later to provide additional cubic capacity as well as
two or more separately towable components designed to be joined into
one integral unit capable of being again separated into the components
for repeated towing. "Mobile home" shall mean units designed to be
used exclusively for residential purposes, excluding travel trailers.
A mobile home shall be treated the same as a manufactured home if
such unit can pass required state and local structural, electrical
and other inspections and has received a certification label from
HUD.
Defined as "factory-manufactured home" in New York State.
A dwelling designed primarily for residential occupancy constructed
by a certified manufacturer utilizing a method or system of construction
where by the structure or its components are wholly or in substantial
part manufactured in manufacturing facilities, intended or designed
for permanent installation, or assembly and permanent installation,
on a foundation to become a fixed part of the real estate and equipped
for or used for year-round living purposes, and is a minimum of 24
feet on any side. Factory-manufactured homes (modular homes) are considered
a building under the Building Code of New York State, and all phases
of construction must meet the requirements of said code. Modular homes
are not regulated by the National Manufactured Home Construction and
Safety Standards Act.
See "funeral home."
Built on a truck chassis with an attached cab section, which
is usually van-based but may also be constructed on either a commercial
truck chassis, a specially designed motor vehicle chassis, or a commercial
bus chassis.
Self-propelled wheeled vehicle that does not operate on rails.
Vehicle propulsion is provided by an engine or motor, typically an
internal combustion engine, or an electric motor, or a combination
of the two.
The sale, repair and rental of heavy- and medium-duty trucks,
agricultural equipment, farm implements and construction equipment,
including the sale, installation and servicing of related equipment
and parts. This classification may include automotive repair as well.
This classification excludes vehicle dismantling or salvage. Typical
uses include body shops, heavy- and medium-duty truck dealerships,
construction equipment dealerships, and agricultural equipment dealerships.
A motor vehicle with a gross vehicle weight rating (GVWR)
above 26,000 pounds (for example: dump trucks and tractor-trailers).
A vehicle with a gross vehicle weight rating (GVWR) up to
14,000 pounds (for example: vans, minivans, sport utility vehicles
and pickup trucks).
A vehicle with a gross vehicle weight rating (GVWR) of 14,001
to 26,000 pounds (for example: minibuses and utility vans).
Any use of land as a stand-alone operation or in conjunction
with another permitted use for the commercial parking of vehicles,
whereby the owner or operator of the vehicle provides payment in exchange
for temporary use of the land. The term "vehicle" includes all passenger
vehicles, highway recreational vehicles and nonhighway recreational
vehicles. Motor vehicle parking facilities differ from outdoor storage
facilities in that the time period for use is typically 24 hours or
less.
The dismantling or disassembling of motor vehicles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
See "automotive service, limited."
Temporary storage of parking tow-aways, impound yards and
storage lots for automobiles, trucks, buses, motorcycles, and highway
and nonhighway recreational vehicles and operable, inoperable or wrecked
vehicles.
A facility which provides for the storage and rental of light-
and medium-duty trucks or vans, trailers, tow dollies and cartop storage
containers on a regular basis by the general public. Typical uses
include truck rental agencies such as U-Haul and Penske.
An establishment along a main roadway that provides goods,
services and facilities catering to motor vehicles and tractor trailer
trucks. Primary services include fuel, food, parking and rest areas,
directional information and incidental retail goods. Truck stops differ
from automotive service stations by catering to large trucks and providing
areas for overnight parking and sleeping within truck cabs. These
establishments may also include a restaurant, motel, convenience store,
and/or heavy vehicle equipment sales, and rental or repair services,
but such uses shall be subordinate and incidental to the primary services
stated above.
See "cultural use facility or museum."
A form of cinema structure consisting of a large outdoor
movie screen, a projection booth and a parking lot for automobiles
within a defined area; may include concessions of food and drink as
an ancillary use. Within this enclosed area, customers can view movies
from the privacy and comfort of their cars while parked on the property.
Times of operation are typically in the evening hours. The combined
factors of operation hours, the outdoor presentation of amplified
audio and projected video/motion-picture, and the vehicular traffic
generated cause this use to be classified separately from similar
uses conducted within an enclosed structure.
A protective cover, placed over the soil to retain moisture,
reduce erosion, provide nutrients, and suppress weed growth, consisting
of shredded bark, woodchips, compost, stone or gravel.
See "cultural use facility or museum."
Any room, space, or premises operated as a commercial establishment in which eating and/or drinking takes place, where alcoholic beverages are served subject to the regulatory authority of the New York State Liquor Authority, and where the provision of entertainment is the primary activity. Background music, provided in accord with § 158-51 shall not be considered as a form of entertainment. Synonyms include: club; nightspot; disco; social establishment; cabaret; dinner theater.
A lot, building, structure or use of land legally and substantially
existing at the time of enactment of this chapter which does not conform
to the regulations of the district in which it is situated.
Any use which is continuously or regularly offensive or injurious by reason of the emission of excessive amounts of dust, smoke, refuse matter, odor, gas, fumes, noise or vibration. The term includes the operation of a hog farm, fur farm, egg farm, slaughtering house or rendering works but shall not include a solid waste management facility operated in conformance with the definition thereof at § 158-6 of this Zoning Chapter.
See "residential-care facility."
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
A space for parking off the public streets and places in
the Town.
A plane, object or barrier which completely precludes views
from one side of said plane, object or barrier to the other.
An area of land that does not retain permanent structures,
pavements, infrastructure or other improvements, aside from approved
vegetative plantings and screens. Land cleared and graded to effectuate
site development, yet ultimately left open, shall be considered open
space. Land contained within public, semipublic or private spaces
may be considered open space at the discretion of the Planning Board.
Lands considered open space as part of public, semiprivate or private
spaces which contain pavements or utilize public realm amenities shall
not be considered impervious surfaces.
Any enterprise, operation or activity that occurs in an unroofed
area as part of a permitted commercial or industrial use on a lot
and any outdoor display of materials, machinery, vehicles or things
that may or may not be for sale or rent.
A multistory structure, enclosed in whole or in part, publicly
or privately operated, designed for the parking of automobiles.
An area intended for use as an accessory off-street parking
facility consisting of two or more parking spaces as defined below.
An arrangement that utilizes parking lot medians to break
up the massing of parking lots into smaller components with a predetermined
maximum number of parking spaces each. The maximum number of parking
spaces in a parking room may vary between zoning districts.
A legally binding agreement between two or more property
owners to provide for the shared utilization of an aggregate number
of parking spaces that collectively meets the parking needs of each
party.
An area intended for use as an accessory off-street parking
facility not less than nine feet in width or less than 20 feet in
length, having a clear height of not less than seven feet.
A parcel or tract of land dedicated, designated, or reserved
for public or private use. Parks and open space may include unimproved
lands as well as active recreational facilities such as swimming pools,
play equipment, ball fields, court games, and picnic areas.
Land with vegetation cover used for grazing of livestock.
Pasture lands may or may not be enclosed by fencing.
A business, licensed through Jefferson County and in conformance
with the current version of New York General Business Law Article
5, §§ 40 and 41, for collateral loan brokers that lends
money based upon the security of pledged goods left in pawn, or is
in the business of purchasing tangible personal property to be left
in pawn on the condition that it may be redeemed or repurchased by
the seller for a fixed price within a fixed period of time.
An improved pathway, at least five feet in width, devoid
of obstructions or hazards and intended for use by pedestrians to
commute between destinations, including but not limited to buildings,
structures, parks and open spaces, parking areas, the sidewalk system
or other walkways.
A surface which prevents sheet flow or ponding of surface
waters and allows for the transmission of surface water flows through
the substance into underlying material.
Any use permitted under the provisions of the district in
which the land, building or structure is located.
An individual person, partnership, voluntary association
or corporation.
Refers to tangible private property that is movable and not
permanently attached or affixed to real property or real estate. Also
called "chattel."
See "self-storage facility."
Pesticides as defined in Environmental Conservation Law Article
33.
These operations involve direct-to-the-consumer sales of
agricultural products, whereby the consumer harvests the product on
site. These operations typically include fruits, vegetables, legumes,
and seasonal tree species. Pick-your-own farm operations are often
established in tandem with agritourism operations and may also include
farms with farm stands or farm markets.
A building and, where applicable, its accessory buildings
and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings and uses, is
maintained and controlled by a religious body organized to sustain
public worship.
The unit of measure, based upon the potential combination
of gross floor area, the lot line distance along public streets, and
gross lot area, utilized to determine the amount of plant material
required for development applications in each zoning district.
A lightweight unit with sides that collapse for towing and
storage. Most can be towed by an average-sized vehicle.
A sign, whether on its own trailer, wheels, or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
See "temporary portable storage units."
See "bar."
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Art in any media that has been planned and executed with
the intention of being staged in the public realm as a public realm
amenity, typically outside and accessible to the general public.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys and parks, as well
as the interior and areas surrounding public buildings.
Structures or improvements open to the general public and
intended to strengthen the urban fabric and enhance the pedestrian
experience, such as, but not limited to, sidewalks, landscaped open
spaces, public seating, public art, gathering spaces and crossing
aids.
A place designed and equipped for the conduct of sports,
leisure-time activities and other customary and usual recreational
activities; businesses primarily devoted to the amusement of the general
public, such as golf courses and driving ranges, bowling alleys, indoor
amusement arcades and health clubs. Incidental food service is also
included.
Includes lands assigned, reserved or programmed for the conduct
of outdoor sports such as, but not limited to, race tracks, all-terrain-vehicle
trails, shooting ranges, outdoor amusement parks and similar-type
uses which potentially generate adverse impacts of noise, odor and
traffic congestion upon neighboring properties. These uses are generally
not compatible with residential uses, the improper placement of which
may adversely impact public safety. Incidental food service is also
included.
A motorized vehicle, other than cars, vans, motorcycles and
trucks, primarily manufactured for the expressed purpose of providing
recreational activities, including but not limited to motor homes,
trucks with camper shells and unmounted camper shells, pop-up trailers,
as well as licensed camper and travel trailers, horse trailers and
any licensed trailer used to transport such recreational vehicles.
It is not designed or intended for use as a permanent dwelling or
sleeping place, but it is to provide temporary living quarters for
recreational, camping or travel use. Also referred to as an "RV."
A nonhighway recreational vehicle primarily manufactured
for the expressed purpose of providing recreational activities, and
may or may not include trailers to transport such vehicles. They are
utilized for cross-country travel on trails or on any of the following:
land, water, snow, ice, marsh, swampland and natural terrain. It includes
but is not limited to all-terrain vehicles (ATVs), dirt bikes, boats,
ski jets and snowmobiles.
A plot of land upon which two or more recreational vehicle
sites are located, established or maintained for occupancy by recreational
vehicles of the general public as temporary living quarters for recreation
or vacation purposes. No residential uses shall be permitted. Recreational
vehicle (RV) parks shall be designed to serve the placement of recreational
vehicles. No recreational vehicle shall be used as a permanent place
of abode, dwelling or business.
The sale, repair and rental of supplies and equipment of
highway recreational vehicles. This classification includes dealerships,
repair shops and motor home dealerships.
The sale, repair and rental of supplies and equipment of
nonhighway recreational vehicles. This classification includes dealerships,
repair shops, and marinas.
See "retail, convenience" and "motor vehicle truck stop."
Includes church, temple, parish house, convent, seminary
and retreat house.
Facilities used primarily for research, development and/or
testing of innovative information, concepts, methods, processes, materials
or products. This can include the design, development and testing
of biological, chemical, electrical, magnetic, mechanical and/or optical
components in advance of product manufacturing. The accessory development,
fabrication and light manufacturing of prototypes or specialized machinery
and devices integral to research or testing may be associated with
these uses.
A building or portion thereof wherein the owner and/or proprietor
is compensated for furnishing long-term lodging and varying amounts
of custodial care for four or more persons by reason of them being
elderly, handicapped, bedfast, chronically ill, impaired, convalescing
and/or needing such care, but not including hospitals, clinics or
similar institutions devoted primarily to the diagnosis and treatment
of disease or injury and/or providing surgical and obstetrical services
or asylums for the insane. This term includes boarding and rooming
houses for aged people, nursing homes, homes for adults (rest homes),
homes for the aged and handicapped, convalescent homes for children,
homes for the elderly, homes for prenatal care and the like.
A building or portion thereof wherein the owner and/or proprietor
is compensated for furnishing short-term lodging and varying amounts
of custodial care to up to three persons by reason of them being elderly,
handicapped, bedfast, chronically ill, or recovering from surgery,
but not including hospitals, clinics or similar institutions devoted
primarily to the diagnosis and treatment of disease or injury and/or
providing surgical and obstetrical services or asylums for the insane.
This term generally includes rehabilitation homes and/or hospice care.
The Agricultural Residential District (AR) and the Residential
Single-Family District (R-1).
Those uses which are intended and designed to provide one
or more dwellings. See "dwelling" et al. and "apartment" et al. for
appropriate designations for each type of residential use.
Any establishment, however designed, at which food and beverages
are sold for consumption on the premises to patrons seated within
a structure or otherwise enclosed within a building or elsewhere on
the premises. A snack bar or refreshment stand at a public, semipublic
or community swimming pool, playground, playfield or park, or an approved
vendor operating the recreational facilities for the convenience of
the patrons of the facility, shall not be deemed to be a restaurant.
A specific type of restaurant characterized both by its cuisine
and minimal table service. Food is offered from a limited menu; is
cooked in bulk in advance and kept hot; is finished and packaged to
order; and is usually available ready to take away. Typically, these
establishments also include a drive-through facility.
See "commercial use, retail."
Small commercial establishments, less than 3,000 square feet
in gross building area, catering primarily to residents of nearby
areas, providing frequently needed retail goods and personal services,
which may include ready-to-order and prepared foods such as but not
limited to sandwiches, pizza, and beverages. The sale or dispensing
of petroleum-based fuels and lubricants for motor vehicles shall be
limited to four fuel pump dispensers. Convenience retail may include
the sale of prefilled propane fuel tanks 40 pounds and smaller, yet
does not include the refilling of any-sized propane tank. See "motor
vehicle truck stop" for uses exceeding four fuel pump dispensers and
"retail, large-product" for the sale of bulk petroleum products.
A commercial establishment focused on the sale of large and/or
bulk goods, materials and resources. Such uses involve large outdoor
storage yards, with ancillary buildings and structures utilized on
site for the storage and display of products. Typical uses include
retail tree and landscape nurseries, retail stone and quarry yards,
garden shops, lumber yards and petroleum product sales.
Any building or structure larger than 8,000 square feet in
gross building area in which one or more articles of merchandise,
commerce or services are provided, including, but not limited to,
department stores, furniture stores, appliance sales, home goods,
food markets, clothing and accessory stores, and pharmacies. Such
uses may include an individual business, a building with multiple
businesses, or a parcel with multiple retail buildings.
Any building or structure less than 8,000 square feet in
gross building area in which a limited range of merchandise or services
is provided for sale, including, but not limited to, salons, clothing
and accessory stores, banks, insurance sales, small-scale grocery
or nutritional goods stores, or proprietary goods manufactured or
assembled on site. Small retail generates the lowest level of traffic
compared to other retail operations, typically below 750 vehicle trips
per day.
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer or other similar use.
Common line between a road abutting property as dedicated
by a deed of record. Where the width of a road is not established,
the right-of-way line shall be considered to be 25 feet from the center
line of the road.
A permanently improved thoroughfare under public or private
ownership of a fixed width within an identified right-of-way which
affords the principal means of access to more than three lots. See
also "driveway."
A road that is not owned and/or maintained by a town, county,
or state governmental agency.
Us Route 11, New York Route 3, New York Route 37, New York
Route 283, and New York Route 342.
All roads not defined as primary roads.
See "drives and circulation routes."
A temporary or permanent accessory structure, wagon or trailer
up to 240 square feet in size located on private property which shall
be limited to the sale of farm or garden products.
The exterior covering on the uppermost part of a building,
with the primary purpose to protect the building and its contents
from the effects of weather. The following additional definitions
also apply:
EAVEThe extension of the roof beyond the structural building wall.
FALSEA structure utilized to screen the appearance of rooftop mechanical equipment, having the appearance of a roof structure that is integrated and appropriate to the architecture of the building.
GABLEA roof section with a single break at the center of the roof structure which creates a triangular portion of wall below the sloping roof.
GAMBRELA usually symmetrical two-sided roof with two slopes on either side, with the upper slope positioned at a shallow angle, and the lower slope having the steeper pitch.
HIPA roof where all sides slope downwards to the walls, usually with a fairly gentle slope.
MANSARDA roof with a double pitch on all four sides, the lower slope having the steeper pitch.
PARAPETThe extension of a building facade above the line of the structural roof.
SHEDA roof that slopes only in one direction, having a side wall that is higher than the other.
A structure attached to the ground or any other structure
built or intended for the purpose of the reception of any microwave
transmission transmitted or relayed from an earth satellite. The term
"ground dish" as used in this chapter is synonymous with "satellite
dish."
A lumber operation involving debarking, milling, resawing,
molding, planing and/or edging producing more than 50,000 board feet
of product per year.
A lumber operation involving debarking, milling, resawing,
molding, planing and/or edging of less than 50,000 board feet of product
per year.
A school established by a nongovernmental organization supported
by private funds for the purposes of providing education.
Any elementary or secondary school supported by public funds
and providing free education for children of a community or district.
A method of reducing the adverse impacts associated with
noise, glare and unsightly visual intrusions with less offensive or
more harmonious elements, such as vegetation, berms, fences, walls
or any appropriate combination thereof. A screen shall be opaque and
shall obscure 100% of such views to the extent prescribed herein.
Soils or other surface materials transported by surface water
as a product of erosion.
The process by which sediment is deposited on stream bottoms.
The creation of a built environment that is unique within
its surroundings and appropriate within the local or regional context
and evokes a positive pedestrian or user experience.
See "automotive service, limited" and "motor vehicle truck
stop."
The distance measured between the building line and the lot
line.
Any act of sexual intercourse or any physical contact with
a person's clothed or unclothed genitals, pubic area, buttocks or,
if such person be female, breast.
The moving shadow created by the sun shining on the rotating
blades of the wind turbine.
An accessory structure permitted on single-family, two-family
and multifamily residential properties whereby the use is limited
to the storage of personal property by the property's principal occupants.
Accessory structures of this type shall not be utilized as commercial
storage units. Sheds are single-story structures, do not reside on
an improved foundation, possess no utility connections and are limited
to 240 square feet in gross floor area. For purposes of this chapter,
cargo containers, railroad cars, truck vans, converted mobile homes,
trailers, recreational vehicles, bus bodies, vehicles and similar
prefabricated items and structures originally built for purposes other
than the storage of goods and materials are not sheds.
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter which is located out-of-doors, or
on the exterior of any building, or indoors as a window sign, displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
An approval signature on the final site plan obtained from
the Planning Board Chairman acknowledging the successful completion
of the site plan review process and obtaining final site plan approval
from the Town of LeRay Planning Board, which also acknowledges an
application as consistent with the Town of LeRay Municipal Code.
The process outlined in Article XX of this chapter, which details the authority, scope, objectives, procedures, application process, required submissions and other requirements to file for and obtain site plan approval from the Town of LeRay Planning Board pursuant to obtaining a zoning permit from the Town of LeRay Zoning Enforcement Officer.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 50 kilowatts (kW) and which is intended
to primarily generate on-site power or reduce on-site consumption
of utility power. To provide context to the rating system, below is
a list of typically sized turbines:
|
Size
|
Type
| |
|---|---|---|
|
Up to 10 kW
|
Residential and commercial
| |
|
10 to 50 kW
|
Agricultural farm
| |
|
50 kW
|
Small municipal operation
| |
|
100kW
|
Largest municipal turbine permitted through net-metering
|
Space open to the sun and clear of overhangs or shade.
A solar energy system that is an integral part of a principal
or accessory structure, rather than a separate mechanical device,
replacing or substituting for an architectural or structural component
of the structure, including, but not limited to, photovoltaic or hot-water
solar systems contained within roofing materials, windows, skylights
and awnings.
Any solar collector, controls, solar energy storage device,
heat exchangers, or solar-thermal energy system which is directly
affixed to a building.
Any solar collector, controls, solar energy storage device,
heat exchangers, or solar-thermal energy system which is directly
installed on the ground and not affixed to a building.
A system that captures solar light or heat without transforming
it to another form of energy or transferring the energy via a heat
exchanger.
A large solar energy system, which occupies greater than
or equal to the lesser of one acre or 50% of the total area of a single
parcel, in which panels are set up in order to generate electricity.
A facility located in the Solid Waste Management Zone, employed
beyond the initial collection of nonhazardous solid waste, including
but not limited to resource recovery facilities, transfer stations,
baling facilities, rail haul or barge haul facilities, processing
systems, landfills, plants and facilities for compacting or composting
of solid wastes and other solid waste disposal reduction or conversion
facilities, excluding incinerators.
Privately held space that is only accessible to the public
upon invitation or upon the granting of permission to enter the space.
A publicly controlled space that is typically available and
open to the public.
A privately held space that is made available to the public
for public and private use, such as parking lots, interior and exterior
circulation spaces and other common areas.
A use which is deemed allowable within a given zoning district
but which is potentially incompatible with other uses and therefore
is subject to special standards and conditions set forth for such
use subject to approval by the Planning Board.
The process through which an applicant applies for final
site plan approval for a special use. The requirements of the special
use permit process are in addition to requirements for the underlying
zoning district and all other requirements of this chapter, unless
expressly stated otherwise.
Human male or female genitals, pubic area, buttocks or female
breast with less than full opaque covering.
The proper placing, grading and/or covering of soil, rock
or earth to ensure their resistance to erosion, sliding or other movement.
Premises on which is maintained not more than one horse not
the property of the proprietor, and including horses of the proprietor
not maintained for commercial purposes; is accessory to a farm or
dwelling. Private stable buildings shall not occupy more than 6,000
square feet in aggregate or 15% of the property area, whichever is
less. See also "commercial horse boarding operation" and "commercial
equine operation."
A pile or storage location for bulk materials.
Any structure utilized for the storage of goods, materials,
equipment, vehicles and other appurtenances in conjunction with a
business enterprise, whereby said enclosed storage facility occupies
the principal use of the lot in question.
The keeping in an unroofed area of any equipment, goods,
material, merchandise or vehicles as part of a facility/establishment
in the same place for more than 24 hours.
The primary purpose of this use is the enclosed storage of
personal property within fixed, individually secured and self-contained
storage lockers or rooms within a structure in which the lessor of
the facility does not have care, custody or control of the lessee's
property. Access to individually secured and self-contained storage
lockers may be from the exterior of the structure or internal to the
structure, which may or may not be climate-controlled. This definition
does not include temporary portable storage units. Truck rentals are
considered to be an ancillary use that is incidental to the principal
use.
See "road."
Any object constructed, installed or placed on land to facilitate
land use and development or subdivision of land, such as buildings,
sheds, satellite dishes, tanks, swimming pools and any fixtures, additions
and alterations thereto. The word "fence" and the word "sign" shall
not be included in the definition of "structure." See also "accessory
structure."
[Amended 6-13-2019 by L.L. No. 2-2019; 11-7-2019 by L.L. No. 5-2019]
A use or activity which is reliant upon and secondary to
a primary or principal use or activity, the usefulness of which is
diminished or eliminated without the primary or principal use or activity.
Any receptacle for water having a depth at any point of more
than two feet, or having a surface area exceeding 250 square feet,
which is intended for recreational purposes, and including all appurtenant
decks, walks and equipment constructed, installed and maintained in
or above the ground outside of the principal structure to which the
pool is accessory.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
See "bar."
A structure, commonly referred to as a tower, or site on
which transmitting and/or receiving antennas are located.
Any amusement show, usually traveling from place to place,
which may include a sideshow, Ferris wheel, merry-go-round or other
similar amusement rides and attractions. For the purposes of this
chapter, "carnival," "circus" and "fair" shall be defined as temporary
amusement uses.
Any container, storage unit, box-like container or portable
structure which resembles and functions in the same way as a traditional
shipping container is a temporary portable storage unit and not a
structure, even when affixed to a permanent foundation. (Examples:
Conex containers, Conex boxes, portable on-demand storage, U-Box portable
storage units or similar.)
See "cultural use facility."
The on-farm production, management, harvesting, processing
and marketing of timber, grown on the farm operation, into woodland
products, including but not limited to logs, lumber, posts and firewood,
provided that such farm operation consists of at least seven acres
and produces for sale crops, livestock or livestock products of an
annual gross sales value of $10,000 or more and that the annual gross
sales value of such processed woodland products does not exceed the
annual gross sales value of such crops, livestock or livestock products.
As soon as notification is issued.
[Added 8-11-2016 by L.L.
No. 4-2016]
The vertical distance from ground level to the top of a structure,
including but not limited to the tip of the wind turbine blade at
its highest point.
The monopole or guyed monopole structure that supports a
wind turbine or telecommunications facility.
The height above grade of the fixed portion of the tower,
excluding the wind turbine.
A grouping of townhouse dwelling units containing no fewer
than one and no more than eight townhouse dwelling units contiguous
to one another.
A unit with rigid sides designed to be towed by some larger
vehicle tow-behind or fifth wheel.
A unit that is temporarily let into the bed or chassis of
a pickup truck; a detachable section designed to be transported on
a pickup truck.
A form or surface which displays a smooth rising and falling
or side-to-side alternation of movement or elevation.
The specific purposes for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The main or principal purpose for which any land, building
or structure is used or occupied.
A use requiring site plan review by the Planning Board prior
to the issuance of a zoning permit by the Zoning Enforcement Officer.
An activity conducted for a specified limited period of time.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work and
seasonal produce stands.
Any departure from the strict letter of this chapter granted
by the Zoning Board of Appeals as it applies to a particular piece
of property. Variances run with the land and are not particular to
any one landowner.
Plantings, either naturally occurring or installed, which
provide shade, color, texture, screening or other enhancements to
the environment.
DECIDUOUSA deciduous plant loses its leaves seasonally.
EVERGREENAlso termed "coniferous," a plant that retains its leaves year-round.
TREE, COLUMNARA deciduous or evergreen tree that evokes a limited branching spread away from the central trunk, typically less than 20 feet in diameter.
TREE, MINOR DECIDUOUSA small ornamental tree (rarely evergreen), typically less than 35 feet in height when mature, that is utilized and valued for the aesthetic appearance, color and/or texture of its flowers, fruits, foliage, bark, form or habit.
TREE, MAJOR DECIDUOUSA large deciduous tree (rarely evergreen), typically more than 35 feet in height when mature, that is utilized for its broad leaf canopy and ability to cast a shadow upon a large area.
See "animal hospital or veterinary clinic."
Any wall used for the retention of soil, sand, gravel, water
or similar materials, so as to prevent erosion, embankment collapse,
flooding or similar occurrence.
This classification includes the storage of personal property
under contract in which the bailee maintains care, custody and control
but not ownership of personal property, and includes the issuance
of a bill of lading to track the property within the warehouse for
future remittance to the bailor.
BULK STORAGEThe storage of chemicals, grains, petroleum products and other materials in aboveground structures for subsequent resale to distributors or retail dealers or outlets.
GENERAL WAREHOUSING AND STORAGEA building or tract of land used primarily for the storage of goods and materials, including commodity warehouses, refrigerated warehouses and general merchandise warehouses.
Exceptions: This classification does not include uses that involve
the transfer or storage of solid or liquid wastes. (See "industrial
services.") Mini-warehouses are classified as self-storage uses. Vehicle
storage is classified as a vehicle storage use.
Any refuse, litter, garbage, ordinary household or store
trash of a flammable character, barrels, cartons, furniture, rugs,
clothing, rags, mattresses, blankets, rubber tires, decomposable or
organic matter, putrescible matter, carcass, sewage secretement, sludge,
slops, hazardous liquids or substances (as per New York State Environmental
Conservation Law), ashes, tin cans, crates, boxes, any and all tangible
personal property no longer intended or in condition for ordinary
and customary use, or other substances or materials offensive to the
public or detrimental to its health, safety and welfare by virtue
of its volume or untreated nature.
Any lake, pond, wetland, stream or river bed.
Any lands or water that are defined as wetlands according
to the New York State Freshwater Wetlands Act, Environmental Conservation
Law § 24-0107, Subdivision 1, and are mapped pursuant to
6 NYCRR 664, or wetlands designated by the federal government.
A use engaged in enclosed storage, wholesale and/or distribution
of manufactured products, supplies and equipment, including accessory
offices and showrooms, and including incidental retail sales, but
excluding bulk storage of materials or hazardous substances that are
flammable or explosive or that create hazardous or commonly recognized
offensive conditions. Products may be picked up on site or delivered
to the customer.
This classification includes small-scale wholesale and large-scale
wholesale.
SMALL-SCALE WHOLESALE SALES AND DISTRIBUTIONDistribution and storage having a maximum gross floor area of 5,000 square feet and having no more than two docks or service bays.
LARGE-SCALE WHOLESALE AND DISTRIBUTIONWholesale or rental of machinery, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures; mail-order houses; and wholesalers of food, clothing, auto parts, building hardware and building materials.
Exceptions. This use classification does not include the following:
uses that involve the transfer or storage of solid or liquid wastes;
trucking terminals, which are defined as storage and distribution
facilities having more than six heavy trucks on the premises at one
time, but excluding trucking accessory to a limited industry or general
industry classification; mini-warehouses, which are classified as
self-storage facility uses; vehicle storage, which is classified as
vehicle storage; firms that engage primarily in sales to the general
public or on a membership basis, which are classified as small and
large retail; and firms that are primarily storing goods with little
on-site business activity, which are classified as warehousing and
storage.
The blades and associated mechanical and electrical conversion
components whose purpose is to convert kinetic energy of the wind
into rotational energy used to generate electricity.
A wind energy turbine that has the rated capacity of more
than 100 kW and which is intended for larger-scale energy distribution.
A wind energy turbine that has the rated capacity of not
more than 100 kW and which is intended to primarily reduce on-site
consumption of utility power. See "small wind energy conversion systems."
See "brewery."
Space on a lot not occupied with a building or structure.
Porches, whether or not enclosed, shall be considered as part of the
main building and shall not project into a required yard.
The space within and extending the full width of the lot
from the road line to the building line nearest to such road line.
If a lot adjoins two or more streets or highways, it shall be deemed
to have a front yard respectively on each.
The space within and extending the full width of the lot
from the rear lot line to the building line which is nearest to such
lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
building line which is nearest to such side lot line.
See § 158-151.
The classification of lands as established in this chapter
and by the Zoning Map.
A person appointed by the Town Board to carry out the regulations
of this chapter.
The map delineating the boundaries of the zoning districts
which, along with the zoning text, comprises this chapter.
A certificate of compliance obtained from the Zoning Enforcement
Officer acknowledging an acceptable use of land or structure consistent
with this chapter and the Town of LeRay Municipal Code. An applicant
may be required to obtain site plan approval and/or a special use
permit from the Planning Board prior to issuance of a zoning permit.
For the purpose of this chapter, the Town of LeRay is hereby
divided into seven types of districts, as follows:
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AR Agricultural Residential
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R-1 Residential Single-Family
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MU Mixed-Use
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CC Commercial Corridors
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MED Mixed Economic Development
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PD Planned Development District (Floating)
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MHO Manufactured Home Overlay District
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The boundaries of each district established by this chapter
are delineated by the map entitled "Zoning Map, Town of LeRay, New
York," dated with the effective date of this chapter, as amended,
and filed with the Town Clerk. This map is hereby adopted and declared
to be part of this chapter.[1]
[1]
Editor's Note: The Zoning Map and subsequent amendments thereto
are on file in the Town offices.
Where uncertainty exists with respect to the boundaries of the
various districts, as shown on the Zoning Map, the following rules
shall apply:
A.Â
Where the designation on the Zoning Map indicates a boundary approximately
upon a road line, the center line of such roadway shall be construed
to be the boundary.
B.Â
Where the designation on the Zoning Map indicates a boundary approximately
upon a lot line, such lot line shall be construed to be the boundary.
C.Â
Where the designation on the Zoning Map indicates a boundary approximately
upon a railroad line, the center line of the mainline tracks shall
be construed to be the boundary.
D.Â
Where a district boundary line divides a lot of record at the time
such line is adopted, the use authorized on and the district requirements
of the least restricted portion of such lot shall be understood as
extending to cover the lot to a maximum of 20 feet into the more restricted
district.
E.Â
Distances shown on the Zoning Map are perpendicular distances from
road lines measured back to the district boundary line, which lines,
in all cases where distances are given, are parallel to the road line.
F.Â
In other cases the boundary line shall be determined by the use of
the scale on the Zoning Map.
G.Â
In the event that a metes-and-bounds description has been filed for
a change of district or variance of use as required by this chapter,
such metes-and-bounds description shall be used in lieu of other provisions
of this section.
Any new use, or any use that cannot be clearly determined to
be in an existing use classification, shall be prohibited until and
unless such use is incorporated into the zoning regulations by a Code
text amendment.
