Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense shall include the future tense, and the plural includes
the singular, unless the natural construction of the term indicates
otherwise.
A.
The term "person" includes a firm, association, organization, partnership,
trust, company, corporation, individual, or any other legally established
entity.
B.
The term "shall" is mandatory and directory.
C.
The term "may" is permissive.
D.
The term "used" includes the terms "designated, intended or arranged
to be used or occupied."
E.
The term "lot" includes the words "plot," "parcel," "tract," or "site."
F.
The term "buildings" includes the word "structure."
G.
The word "premises" includes a lot and all buildings or structures
thereon.
H.
The phrases "to erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
I.
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
For the purpose of this chapter, the following words and terms
shall be defined as follows. Other terms and phrases not specifically
defined in this section but defined in the New York State Uniform
Fire Prevention and Building Code applicable to general building construction
shall have the meanings ascribed therein. All other words not specifically
defined and used in this chapter shall carry their customary meanings.
To stop the use of property. When the use of a property has
ceased and the property has been vacant for 12 months, abandonment
of use will be presumed unless the owner can show that a diligent
effort has been made to sell, rent, or use the property for a legally
permissible use.
Those uses or structures which are clearly subordinate to
the principal use of a building located on the same lot and which
serve a purpose customarily incidental to the use in conformance with
the style, type, and finish of the principal structure.
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Town
of Manchester.
An extension or increase in area or height of a building.
Having a common boundary or edge; abutting; touching.
An adult care facility is a building established and operated
for the purpose of providing long-term, supportive residential care,
room, board, housekeeping, personal care and supervision to three
or more elderly people and non-elderly adults with disabilities that
are unrelated to the operator. The term shall not be applied to owner-occupied
premises with one or two roomers.
The term “adult use and entertainment” and related terms shall be as defined and regulated in Chapter 101 (Adult Entertainment) of the Town of Manchester Code.
Any business catering exclusively to agricultural production,
which may include, but is not limited to, supplying services or goods
(such as feed or supplies) to producers of marketable agricultural
products like greenhouses, nurseries, and farm cooperatives.
An agriculturally based operation or activity that brings
public to a working farm for the purpose of enjoyment, education,
or active involvement in the farm operation.
Facilities which transform and process livestock and agricultural
products into products for eventual consumption and package the processed
goods for distribution to wholesalers or retailers.
The use of land, buildings, structures, 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 or a hobby, and
including greenhouse, nursery, timber operations, compost, mulch,
or other organic biomass crops, beekeeping, commercial horse boarding/equine
operations, and other agricultural uses as defined in NYS Agriculture
and Markets Law Article 25-AA, § 301.
A facility constructed as an accessory use to an agricultural
operation, riding stable, or kennel, intended to collect, hold, process,
store, treat, or distribute solid and liquid waste from mature animals.
Included within this definition are storage tanks, lagoons, seepage
pits, drains, and collection systems intended to handle animal waste
solids and food processing of 10,000 gallons or more. Not included
within this definition are systems designed and constructed to handle
human waste.
An area of land or water which is used or intended to be
used for the landing and takeoff of aircraft; any appurtenant areas
used or intended to be used for airport buildings or other airport
facilities or rights-of-way; and all other airport buildings and facilities
located thereon.
A thoroughfare not more than 20 feet wide which affords only
a secondary means of access to abutting property.
Any change, rearrangement or addition to or removal from
a building or facade other than repairs and modification in building
equipment systems (i.e., heating, cooling, electrical, etc.).
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders; provided, however,
that the application of any exterior siding to an existing building
for the purpose of beautifying and modernizing shall not be considered
a structural alteration.
Any vertebrate member of the animal kingdom, excluding man.
An establishment operated by a licensed veterinarian solely
for the practice of veterinary medicine.
Animals accustomed to living in or about the habitation of
man, including, but not limited to, cats and dogs.
Any animal that customarily is raised for profit on farms
such as cattle, horses, ponies, sheep, goats, pigs, llamas, alpacas,
mules and other mammals customarily kept in pastures, corrals or stables.
Any animal weighing 20 pounds or less except domesticated
animals as defined herein. It shall include rabbits, poultry, pigeons
or any fur-bearing animals such as fox and mink.
Any device or equipment of any nature or kind, the primary
purpose of which is used to transmit and/or receive radio or electromagnetic
waves, including, but not limited to, directional antennas, such
as panels and microwave dishes and omnidirectional antennas, such
as whip antennas. Such waves shall include cellular, paging and personal
communication services (PCS).
A dwelling unit in a multiple-family dwelling or mixed occupancy
building.
A request by an interested party for reconsideration of a
decision.
A person filing an application in accordance with this Zoning
Code who is:
The owner or lessee of property;
A party who has contracted to purchase property contingent upon
that party's ability to acquire the necessary approvals required
for that action in accordance with this Zoning Code, and who presents
written authorization from the property owner to file an application
with the Town; or
The agent of either of the above who presents written authorization
from the property owner to file an application with the Town.
Favorable decision to an application that indicates acceptance
and the terms of the application are satisfactory. Includes both approval
and approval with conditions.
Any portion of the outer surface of a structure, including
the kind, color and texture of the building material, the type and
style of all windows, doors, lights, walls, fences, awnings, canopies,
screens, sculptures, decoration, roof shape and materials, and other
fixtures appurtenant to a structure. Also referred to as, "architectural
detail."
The sales or leasing of new or used automobiles, motorcycles,
trucks, and recreational vehicles, which includes storage and any
incidental maintenance.
Establishments used or intended for use of one or any combination
of the following activities. Vehicle dismantling for the resale of
salvaged parts, including tires, is not included in this definition.
(See "junkyard.")
A permanent or retractable overhanging shelter which projects
from the face of, and is completely supported by, a building.
An open-air venue used for entertainment and performances
typically in the shape of a semicircular plan.
The flood having a 1% chance of being equaled or exceeded
in any one given year. For purposes of this chapter, "base flood"
shall have the same meaning as the 100-year flood.
That space of a building that is below grade that has more
than half of its height, measured from floor to ceiling, below the
average established curb level or finished grade of the ground adjoining
the building.
An owner-occupied residence wherein lodging and meals are
provided to transient guests for compensation.
A fully enclosed portion of a building designed or intended
to be used for sleeping purposes, excluding bathroom, closets, hallways,
and service porches.
A person-made earthen mound (usually from two to six feet
in height) designed to provide visual interest on a site, screen undesirable
views, reduce noise, or fulfill other such purposes.
The length of a street between two intersections or to the
termination of the street in the event that there is only one intersection
along such street segment.
A place, generally open to the public for a fee, where a
wide variety of plants are cultivated for scientific, educational,
or ornamental purposes.
An enclosed building for the manufacture, processing, bottling,
and packaging of malt liquors, such as beer, ale, or ciders, but not
to include distilled liquors, and duly licensed by the NYS Liquor
Authority. For the purposes of this chapter, this shall include operations
which include tasting rooms.
A unit of land, together with a specified type and amount
of planting thereon, which may be required to eliminate or minimize
conflicts between land uses.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
The New York State Uniform Fire Prevention and Building Code.
The vertical distance measured from the average elevation
of the existing grade at the front of the building to the highest
point of the roof for flat or mansard roofs and to the average height
of pitched, gable, hip and gambrel roofs.
The line of that face of the building nearest the street
line. This face includes covered porches, whether enclosed or unenclosed,
but does not include steps. If there are street lines on two or more
sides of the building (e.g., corner lots), the building shall be considered
to have two front building lines.
A permit issued by the Code Enforcement Officer or other
Building Official to enable the construction or alteration of a building
to begin. The permit shall only be issued after the proper documentation
and information have been submitted and necessary approvals have been
granted.
The size and scale of buildings and non-building uses and
the physical relationship of their size and scale in relation to the
lot on which they are located. Bulk requirements include building
height, building footprint, and lot coverage.
A horticultural method of measuring the diameter of nursery
stock for trees less than four inches in diameter, the measurement
should be taken at six inches above ground level. For trees greater
than four inches in diameter up to and including 12 inches, the caliper
measurement must be taken at 12 inches above the ground level. For
trees greater than 12 inches in diameter, the trunk is measured at
breast height (diameter at breast height or DBH), which is 4.5 feet
above the ground.
The construction of facilities to house or support a telecommunications
tower or tower colored in such a way that readily blends with the
landscape, sky and neighborhood and adjacent architectural features.
Examples of camouflaging are silo and barn or simulated tree.
A parcel of land used or intended to be used, let or rented
for transient, vacation, and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes designed
for year-round occupancy or as a place of residence.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building, generally
designed and constructed to provide protection from the weather. The
term "canopy" shall not include the term "marquee."
Any building or premises, or portion thereof, where the use
of which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
An open-sided roofed automobile shelter, either freestanding
or formed by extension of a roof from the side of a building, in which
case it shall be deemed part of the structure to which it is attached.
In either case, a carport shall not be deemed a garage.
Land used or intended to be used for the burial of the animal
or human dead and dedicated for cemetery purposes, including crematories,
mausoleums, and columbaria.
A certificate issued by the Code Enforcement Officer upon
completion of the change in use of an existing building or of a parcel
of land with no buildings. Said certificate shall acknowledge compliance
with all requirements of this chapter.
A certificate issued by the Building Inspector upon completion
of construction or alteration of a building. Said certificate shall
acknowledge compliance with all of the requirements of the Uniform
Code.
The use of a telecommunication tower by more than one carrier.
The administrative officer appointed from time to time as
provided under the Civil Service Law of the State of New York, currently
classified as Building Inspector III, charged with the responsibility
of this chapter as well as other provisions of the Manchester Town
Code.
The purchase, sale, or transaction involving the disposition
of any article, substance, commodity, or service; the maintenance
or conduct of offices, professions, or recreational or amusement enterprises
conducted for profit and also including renting of rooms, business
offices, and sales display rooms and premises.
A meeting hall or place of assembly intended for use for
recreational programming and a gathering place for residents of the
Town.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a structure;
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more structures;
Having a pleasing or congruent arrangement of elements in the
use or function between two or more attributes of a neighborhood or
area.
A plant with foliage that persists and remains green year-round.
Also known as "evergreen."
Any parcel of land used for storage, maintenance or processing
incidental to a construction or building business, hauling, excavation,
demolition or similar activity and including any parcel of land used
for the incidental repair of machinery used for any of the above-listed
activities.
Any horizontal decorative molding that crowns a building,
such as the top edge of a facade or over an external door or window.
The primary enclosure for confining livestock.
The Planning Board of the County of Ontario.
A use that is open to the public and provides cultural services
and facilities including, but not limited to, libraries, museums,
aquariums, zoos, botanical gardens, and historical societies.
A stone or concrete boundary usually marking the edge of
a roadway or paved area.
Establishments or work space dedicated to artists, artisans,
musicians, dancers, or other individuals practicing or teaching one
of the fine or performing arts or skilled in an applied art or craft.
Incidental retail sales of work produced on the premises or related
to the studio may be included in the business's permitted function.
This definition excludes all adult oriented uses.
The provision of care to individuals over the age of 18 for
periods less than 24 consecutive hours, but not including educational
institutions, provided that such day care conforms to all applicable
licensing and/or registration requirements of New York State.
Any program or facility caring for children for more than
three hours per day per child in which child day care is provided
by a licensed child day-care provider except those programs operating
as a school-age child care program as defined by § 390 of
the Social Services Law of the State of New York.
A unit of measurement of the intensity (loudness) of sound.
Sound level meters which are employed to measure intensity of sound
are calibrated in decibels.
A plant with foliage that is shed annually.
A unit of measurement; "density" means the number of dwelling
units per acre of land.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Town.
An area designed by a licensed professional and approved
by the Town that is designed to capture specific quantities of stormwater,
to gradually release the stormwater at a sufficiently slow rate to
avert flooding, and to improve local water quality.
Any person-made changes to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
excluding normal maintenance of farm roads and agricultural practices.
Any computer-programmable sign capable of displaying words,
symbols, figures or graphic images that can be altered or rearranged
by remote or automatic means without altering the face or surface
of the sign. Typically, these signs utilize LEDs (or light-emitting
diodes) or plasma or LCD technology to produce the character and graphics
of the display.
An enclosed building for the manufacture, processing, bottling,
and packaging of distilled liquors, such as vodka, gin, whiskey, or
tequila, duly licensed by the NYS Liquor Authority. For the purposes
of this chapter, that shall include operations that may include tasting
rooms.
A portion of the incorporated area of the municipality within
which certain regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
A system for the removal of water from land by drains, grading
or other appropriate means. These techniques may include runoff controls
to minimize erosion and sedimentation during and after construction
or development, the means for preserving surface and groundwaters,
and the prevention and/or alleviation of flooding.
An establishment serving alcoholic beverages for on-site
consumption as the principal use, including bars, cocktail lounges,
pubs, saloons, and taverns.
A building or use, which by design of physical facilities
a product is sold to, or a service performed for, customers while
they are in or near their motor vehicles, including, but not limited
to, fast-food restaurants, drive-up bank tellers, film-processing
service booths, etc.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
Facilities that provide dropoff and pickup of garments and
other textile items for dry cleaning services off-site. (Actual dry-cleaning
services are not performed on site.) Dry-cleaning outlets do not include
any coin-operated facilities.
Facilities which provide on-site specialty cleaning services
for specific garments and textile items.
Fine, dry, pulverized particles of any material or a fine
powder of any kind.
A detached building designed or used exclusively as living
quarters for one or more persons or families; the term shall not be
deemed to include motel, hotel, boarding or rooming house, recreation
vehicle, tourist home or tent.
One room, or a group of rooms joined to each other and not
regularly locked in the interior, located in a dwelling, designed
and maintained as a unified living quarter, occupied by an individual
or a family, containing integrated facilities used for living, sleeping,
cooking, eating and sanitation.
A dwelling unit located within a mixed-use or multi-story
building on any floor other than the ground floor.
A building designed or used as living quarters by three or
more families living independently of each other within the same lot.
May include apartment buildings, townhouses, or row houses.
A series of multiple-family dwellings designed and built
as an integrated development with a common architectural style. Also
referred to as a "multiple-family complex."
A building designed or used as living quarters by one family.
A manufactured home that is affixed to a permanent foundation and
conforms with the development specifications and standards applicable
to conventional, site-built single-family dwellings in the district
in which the manufactured home is to be sited, shall be deemed to
be a conforming single-family dwelling for purposes of this chapter.
A row of two or more adjoining dwelling units each on their
own lot and separated from each other by one or more party walls.
A building separated from lot lines and other buildings by
open space on all sides.
A single-family house having one party wall and one side
yard and located on a separate lot from the dwelling to which it is
attached.
A building designed and used exclusively for occupancy for
two families living independently of each other and which is separated
from lot lines or other buildings by open space on all sides.
Any authorization by a property owner for the permanent use
by another, for a specified purpose, of any designated portion of
a lot.
See "restaurant."
The projecting lower edges of a roof overhanging the wall
of a building.
Parochial, nursery, private and public school, college, university
and accessory uses operated under the Education Law of the State of
New York and governed by the NYS Department of Education and shall
exclude commercially operated schools of beauty, culture, business,
dancing, driving, music and similar establishments which are not so
governed.
The erection, construction, alteration or maintenance by
public utilities or Town or other governmental agencies of underground
or overhead gas, electrical or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants,
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or Town or other governmental agencies or for the
public health or safety or general welfare, but not including buildings.
An economic unit where business is conducted or services
or industrial operations are performed.
The process of the removal of sand, gravel, stone, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.
Any device, contrivance or apparatus or any part thereof
which is installed, affixed or situated out-of-doors for the primary
purpose of the combustion of fuel from which heat or energy is derived
and intended to be directed therefrom by conduit or other mechanism
into any interior space for the supply of heat or energy.
Two or more individuals related by blood, marriage, operation
of law, or adoption, or any number of individuals not related by blood,
marriage or adoption living, sleeping, cooking and eating on the same
premises and maintaining a common household unit.
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur- bearing animals, as defined in NYS Environmental
Conservation Law which are raised for commercial or subsistence purposes.
Fur-bearing animal shall not include dogs or cats.
A temporary structure not permanently affixed to the ground
and is readily removable in its entirety, which is used solely for
the display or sale of farm products produced on the premises upon
which such roadside stand is located. A farm stand shall not be enclosed
on all four sides.
A property consisting of a tract of land and all tents, vehicles,
buildings, or other structure pertaining thereto, any part of which
may be occupied by persons employed as workers in farm activities
who are provided with sleeping facilities, in whole or in part, by
the owner, lessee, or operator thereof, with or without stipulated
agreement as to the duration of their stay, whether or not they are
supplied with meals but who are supplied with such services or facilities
as are necessary for their use of such property.
A constructed vertical structure, barrier, or partition of any material or combination of materials permitted herein, including hedges, shrubs, or other natural growth, erected to enclose, screen, or separate outdoor areas, and which has no roof or overhead covering. The provisions of § 325-40.18 of this chapter shall apply to all fences within the Town of Manchester.
The depositing of fill on land, whether submerged or not,
including nonhazardous earth, clay, sand, or gravel.
An official map published by the Federal Emergency Management
Agency as part of a Flood Insurance Study. The "FBFM" delineates a
regulatory floodway along watercourses studied in detail in the Flood
Insurance Study.
An official map issued by the Federal Emergency Management
Agency, where the boundaries of the areas of special flood hazard
have been defined but no water surface elevation is provided.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the Town.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Hazard Boundary
and Floodway Map and the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The area that will be inundated by the flood event having
a 1% chance of being equaled or exceeded in any given year. The 1%
annual chance flood is also referred to as the base flood or 100-year
flood.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation of the
base flood.
The sum of the horizontal area of the floors of a building
and its accessory buildings on the same lot, excluding unfinished
basements or floor areas not devoted to habitable use, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between interior faces of walls.
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the centerline of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service types of uses, "gross
floor area" shall not include areas used principally for nonpublic
purposes, such as storage, restroom, fitting or alteration rooms or
general maintenance, or enclosed pedestrian malls or corridors.
The floor area of rooms in a dwelling unit used for bedrooms,
living rooms, dining rooms and kitchens.
That area computed for the floors in the dwelling above the
lot grade line. The second floor in each case qualifying for living
quarters shall have access thereto by a permanent built-in stairway.
"Minimum net floor area for living quarters" excludes rooms for garage
purposes, outside vestibules, and open or closed porches or verandas.
"Living quarters" means that portion of the building that is constructed
with ceilings and walls finished on the inside in accordance with
the Building Code.
A measure of illumination on a surface that is everywhere
one foot from a uniform point source of light of one candle and equal
to one lumen per square foot.
The extent of a building or a lot along one public or private
street as defined herein.
A building used for the preparation of the deceased for cremation
or burial and the display of the deceased and ceremonies connected
therewith before burial or cremation. This shall not include crematory
facilities.
A garage having a common wall or a portion thereof with a
principal residential building and used for the storage of motor vehicles,
boats or trailers and in which no home occupation, business or service
for profit is maintained.
A building used as an accessory use to a principal residential
building for the storage of motor vehicles, boats or trailers and
in which no home occupation, business or service for profit is maintained.
A sale of used household or personal articles (as furniture,
tools, or clothing) held on the seller's own premises.
An enclosed space for the storage of motor vehicles, provided
that no business, occupation or service is conducted for profit therein.
Any building or land or any part thereof used for sale of
motor fuel, oil and motor vehicle accessories and which may include
a food store or mart and facilities for fueling, charging, lubricating,
washing or servicing vehicles, but not including painting or body
repairs. Includes facilities not selling gasoline but specializing
in oil and other automobile fluid changes.
A recreation facility consisting of at least nine holes,
each with tee, green, and fairway, located on a parcel of land containing
at least 25 acres, as distinguished from golf driving ranges and miniature
golf.
The elevation established for the purposes of regulating
the number of stories and the height of buildings. Grade shall be
the mean level of the finished surface of the ground adjacent to the
exterior walls of the buildings.
The elevation of the surface of the ground adjoining the
building at the completion of a project regulated by this Zoning Code.
Height measurements shall be based from the "finished grade." Where
the finished grade is below the level of the existing grade, the existing
grade shall be used for this purpose.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
Retained mature vegetation as well as landscaped areas, excluding
stormwater management facilities.
Any facility used for discharging any firearm at a target,
either fixed or moving.
An establishment providing indoor recreation or instruction
to patrons for health, exercise, or educational purposes.
An existing unique settlement area, delineated and zoned
as predominately residential that accommodates development in a more
compact form.
Any substance that, because of its quantity, concentration,
or physical or chemical characteristics, poses a significant present
or potential hazard to human health and safety or to the environment
if released into the workplace or the environment. The term includes,
but is not limited to, hazardous substances and hazardous wastes.
Any group of shrubs planted in line or in groups that forms
a compact, dense, living barrier that protects, shields, separates,
or demarcates an area from view.
A vertical distance fixed in certain districts contained
herein and measured from the average ground level at the base of the
structure.
A secondary nonresidential use conducted for gain or profit within a structure on an agricultural property and is otherwise compliant with the applicable regulations of this chapter. (See § 325-40.20 for home occupation requirements.) Single sales events such as garage sales, yard sales, and other similar sales are not considered a home occupation for the purposes of this chapter.
An accessory nonresidential use conducted within or administered from a portion of a permitted dwelling or its accessory building that only includes uses that are clearly secondary to the principal residential use and is otherwise compliant with the applicable regulations of this chapter. (See § 325-40.20 for home occupation requirements.) Single sales events such as garage sales, yard sales, and other similar sales are not considered a home occupation for the purposes of this chapter.
Any facility, structure or place for diagnosis and treatment
of human illnesses, injuries, or ailments by a licensed health care
professional where inpatient treatment may also be provided.
A structure or surface with a low capacity for infiltration,
including, but not limited to, buildings and roofed areas, structures,
parking areas, loading areas, driveways, roads, sidewalks, and any
areas of concrete, asphalt, or significantly compacted material which
prevents water from absorption.
Any building, structure, bridge, work of art, area, parking
facility, public facility, utility, fence, gate, wall, landscaping,
or other object constituting a physical addition to real property
or any part of such addition.
Activity including resource extraction, manufacturing, processing,
packaging, warehousing, storage, distribution, shipping and other
related uses.
A collection of sites under common management with coordinated
access, amenities, and connections for the location of various industries,
which may or may not be related to one another.
Any commercial building or lot on which four or more domesticated
animals are housed, groomed, bred, boarded, trained, or sold. This
definition shall include temporary housing of such animals for periods
over four hours but shall not include private residences where the
occupant owns the animals.
A facility or part of a facility at which solid waste is
intentionally placed into or on any land or water, and at which waste
may remain after closure. This may include plastic, glass, or metal
recycling facilities, but shall not include the handling or disposal
of hazardous waste or materials.
The use of native plant materials including, but not limited
to, ground covers, shrubs, and trees. Landscaping also involves the
placement, preservation and maintenance of said plant materials in
conjunction with associated improvements such as fences, walls, lighting,
earth mounding and structures (principal or accessory).
A plan, drawn to scale, showing dimensions and details for
landscaping or revegetating an area.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
Any form of written permission given to any person, organization,
or agency to engage in any activity, as required by law or agency
rule.
Research and development, material handling, processing,
the manufacturing, compounding, processing, packaging, storage, service
industry business, assembly, and/or treatment of finished or semi-finished
products from previously prepared materials, where input, output is
wholly conducted within an enclosed building and meet the other performance
standards of the district.
A live/work unit is defined as a single unit (e.g., studio,
loft, or one bedroom) consisting of both a commercial/office and a
residential component that is occupied by the same resident. The live/work
unit shall be the primary dwelling of the occupant.
An off-street area containing one or more loading spaces
where goods are loaded onto and unloaded from vehicles.
An off-street space exclusive of passageways, driveways,
ramps, columns and other areas that is used for the temporary parking
of a commercial vehicle while loading or unloading deliveries, merchandise
or materials.
A single building or group of buildings containing guest
rooms primarily designed for the accommodation of transient travelers.
Lodging facilities may also provide additional services to guests,
such as food and beverages, limited recreational facilities, conference
rooms, and laundry. Hotels and motels are considered lodging.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required, 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 building
permit for a building on such land.
The percentage of the lot area covered by the combined area
of the principal and accessory buildings. This definition includes
all and impermeable surfaces such as driveways, swimming pools, decks,
parking areas and parking lots, excluding patios, terraces and pedestrian
walkways.
The property line bounding a lot.
FRONTIn the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.
REARThe lot line, which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line.
STREETA lot line separating the lot from a street.
The total area within the property lines, excluding any portion
lying within the boundaries of a public street or future street right-of-way.
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.
A lot located at the junction of and fronting on two or more
intersecting streets. All "corner lots" shall be deemed to have two
front yards, two side yards, and no rear yard.
A facility or area where building materials such as lumber,
plywood, drywall, paneling, cement blocks, bricks, tiles and other
building products are stored and sold at retail. Lumber yards may
provide for the sale of associated products such as tools and fasteners.
The manufacture or fabrication of lumber products, the storage or
sale of firewood or a sawmill are not included.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4-1-1993, transportable in
one or more sections, constructed on a permanent chassis, and designed
to be used with or without a permanent foundation when connected to
the required utilities and includes the plumbing, heating, air conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that complies with the standards
established under the national Manufactured Housing Construction and
Safety Act of 1974, as amended. The term "manufactured home" shall
not include any self-propelled recreational vehicle. A manufactured
home that is affixed to a permanent foundation and conforms with the
development specifications and standards applicable to conventional,
site-built single-family dwellings in the district in which the manufactured
home is to be sited, shall be deemed to be a conforming single-family
dwelling for purposes of this chapter.
A parcel of land, within a manufactured home community, reserved
for the placement of a manufactured home.
A parcel of land under single ownership on which two or more
manufactured homes are occupied as residences or which is planned
and improved for the placement of two or more manufactured homes for
non-transient residential use.
Any factory, shop, yard warehouse, mill or other nonresidential
premises utilized in whole or in part for the processing, preparation,
production, containerizing, storage or distribution of goods, wares,
commodities, parts, materials, electricity and the like. The processing,
preparation and production activities customarily deal with person-made
or raw materials and other manufactured items which are altered, restored
or improved by the utilization of biological, chemical or physical
actions, tools, instruments, machines or other such similar natural,
scientific or technological means. "Manufacturing" shall not include
the handling of any waste products and materials. Manufacturing processes
and treatments include, but are not limited to, such operations as
mixing, crushing, cutting, grinding and polishing; casting, molding
and stamping; alloying and refining; assaying, cleaning, coating and
printing; and assembling and finishing.
Repairs that do not require the long-term dismantling and
storing of parts; can be reasonably completed within a twenty-four-hour
period.
A development or redevelopment that allows for a mixture
of uses in a single building or on a single lot including, but not
limited to, two or more of the following: residential, commercial
and industrial.
A single pole of variable cross section onto which telecommunications
devices are affixed.
Any device in, upon or by which any person or property is
or may be transported except such as is operated exclusively by human
power. This includes, but is not limited to, cars, trucks, four-wheelers,
dirt bikes, or motorcycles.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. "Neighborhood
character" is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
A building or structure that does not conform to the regulations
of the district in which it is located upon the effective date of
this chapter.
A lot in any district where the owner or owners of said lot
do not own any adjoining property, which together would create one
or more conforming lots and which does not conform with the minimum
width, depth and area dimensions specified for the district in which
said lot is located.
An established use of a building or structure or of land
existing at the effective date of this chapter which does not conform
to the use requirements of the district in which it is located.
All uses of land and buildings except single-family dwellings,
two-family dwellings, multi-family dwellings, and mobile home parks.
A facility regulated by the state, providing therein nursing
care to sick, invalid, infirm, disabled or convalescent persons, in
addition to lodging.
The New York State Uniform Fire Prevention and Building Code,
which shall include all subunits (Residential Code, Building Code,
Plumbing Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Code,
and Property Maintenance Code) as currently in effect and as hereafter
amended from time to time. The Uniform Code may also be referred to
as the "NYS Building Code."
Stimulus affecting the olfactory nerves. An odor shall be
considered offensive, noxious, or a nuisance when foul smelling airborne
emissions are sufficiently concentrated to cause physical discomfort
to and/or interfere with the comfortable enjoyment of life or property
for those inhabiting adjacent areas.
The use of a building or structure by licensed health care
professionals, including, but not limited to, physicians, dentists,
physicians' assistants, radiologists, dermatologists, and nurses,
for the treatment of persons on an outpatient basis only.
The use of a building or structure for the operation of day-to-day
activities that are related to record keeping, billing, personnel,
and logistics, within an organization. This shall also include financial
institutions. This shall not include medical professionals.
Industrial operations including resource extraction, manufacturing,
warehousing, storage, distribution, shipping and other related uses;
that occur outside of a confined building area.
The outdoor display of products, vehicles, equipment, and
machinery for sale or lease. Exterior display is an outdoor showroom
for customers to examine and compare products. It does not include
damaged vehicles, vehicles or equipment being serviced, bulk goods
and materials, and other similar products.
A device, structure or apparatus which supplies direct or
indirect heat from the burning of solid fuel, including, but not limited
to, wood, to a building or other structure.
The storage of items, merchandise, materials, equipment,
or vehicles outside of an enclosed structure for more than four consecutive
days that are not being displayed for sale.
An individual, firm, association, organization, partnership,
trust, corporation, or company holding title to the property.
That portion of a building wall that rises above the level
of the roof.
An off-street area containing one or more parking spaces
where motor vehicles are stored for the purpose of temporary, daily
or overnight parking, with passageways and driveways appurtenant thereto.
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s).
Ground surface covered with cobblestones, fired clay bricks,
concrete precast paver units, poured concrete with or without decorative
surface materials, blacktop, oil and stone, or other asphaltic or
rubber mixture which may include sand or gravel as an ingredient and
which creates a hard surface. A graded natural surface or one covered
with rolled stone or overlaid with loose gravel is not considered
a paved surface.
Refers to a pedestrian friendly development approach that
seeks to provide the following:
Clear, comfortable pedestrian connections and access to commercial
and residential areas as well as sidewalk networks and transit stops;
Combination of land design practices including compact development,
mixed use development, traffic calming, designated pedestrian circulation
systems and amenities, and a mix of housing types;
Buildings, structures, lighting, and other site features built
to a scale that is inviting and comfortable to pedestrians and non-motorists
and includes architectural detailing to increase visual interest.
A bond, letter of credit, cash or securities posted by the
developer and accepted by the Town Board, to guarantee that the developer
will construct or deconstruct, or cause to be constructed or deconstructed,
within one year all required improvements set by the Planning Board
as conditions under site plan approval.
A document issued by the proper authority authorizing the
applicant to undertake certain activities.
Any individual, firm, trust, partnership, public or private
association or corporation.
Places primarily providing services oriented to personal
needs, such as barber and beauty shops, shoe repair shops, household
appliance repair shops, dry-cleaning and laundry pickups, shoe shine
parlors, and other similar establishments. Retail sales shall be allowed
as incidental uses in personal service establishments.
The officially designated Planning Board for the Town, as
established by the Town Board in accordance with NYS Town Law.
A publicly or privately owned area for recreational use primarily
by children.
Any open area man-made body of water, water area, detention
pond, retention basin, stone quarry, dammed area or agricultural liquid
waste holding pond over 30 inches deep.
An unenclosed and unscreened roofed permanent projection
in which the roof is supported by piers, posts, or columns attached
to the entrance of a principal building.
The primary use of the building or land on or a part of a
single lot. All buildings that are part of a farm operation shall
be considered principal buildings including a residence that is also
located on a parcel with farm structures.
A commercial printing operation involving a process that
is considered printing, imprinting, reproducing, or duplicating images
and using printing methods including, but not limited to, offset
printing, lithography, web offset, flexographic, and screen process
printing.
A building or an enclosed space used for the collection and
processing of materials. "Processing" means the preparation of material
for efficient shipment, or to an end user's specifications, by
such means including, but not limited to, baling, briquetting, compacting,
flattening, grinding, crushing, mechanical sorting, shredding, cleaning,
and remanufacturing.
An individual or agency providing guidance and/or services
relating to a discipline that requires special education, training,
skill, or licensure, such as an engineer, architect, planner, or attorney.
A line bounding a lot. Also known as a "lot line."
An area of land, with or without buildings and structures,
intended for outdoor active or passive recreational use by the general
public.
A place, area, structure, or other facility used by persons
in the community to carry out recreational activities.
An establishment providing for recreational or entertainment
activities in a completely enclosed structure. Accessory uses may
be permitted to include the preparation and serving of food and/or
the sale of equipment related to the enclosed recreational uses. Included
in this definition shall be indoor arcades, movies, pools, courts,
or other facilities where patrons are engaged in and/or spectating
sport or game activities.
An establishment providing for recreational or entertainment
activities in an open or partially enclosed structure. Accessory uses
may be permitted to include the preparation and serving of food and/or
the sale of equipment related to the recreational uses. Included in
this definition shall be outdoor pools, fields, courts, or other such
facilities where patrons are engaged in and/or spectating sport or
game activities.
A trailer or self-propelled motor vehicle structure without
permanent foundation, which can be towed, hauled or driven, and is
primarily designed as temporary living accommodation for recreation,
camping and travel use and including, but not limited to, travel trailers,
truck campers, camping trailers and self-propelled motor homes.
A place for worship, includes churches, temples, synagogues,
mosques, parish houses, convents, seminaries and retreat houses.
A building or groups of buildings in which are located facilities
for scientific research, investigation, materials testing, or experimentation,
but not facilities for the manufacture or sale of products.
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase or decrease the number of residential units
in the structure.
Includes single-family dwellings, two-family dwellings, and
multi-family dwellings.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for on-premises consumption.
However, a snack bar refreshment stand at a public, semipublic or
community swimming pool, playground, playfield or park operated by
the agency or groups or an approved vendor operating the recreational
facilities and for the convenience of the patrons of the facility
shall not be deemed to be a "restaurant."
A business for counter service of food in a packaged form
where the patron has the option to consume the packaged food on or
off the premises.
An establishment for the sale of goods, articles or consumer
services individually or in small quantities directly to the consumer.
Retail store or service shall not be interpreted to include the following:
drive-up service, gasoline station, automotive service or repair shop,
new or used automotive sales, and trailer or mobile home sales and
service.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment. For the purposes
of this chapter, a riding stable shall be considered an agricultural
use.
The boundary of a road, street, highway, or expressway owned
and maintained by any federal, state, county, or local municipal entity.
In the case of a flat roof, the uppermost line of the roof
of a building; in the case of a pitched roof, the lower edge of the
eave; or in the case of an extended facade or parapet, the uppermost
height of said facade or parapet, provided that the facade or parapet
extends around the entire perimeter of the building at the same elevation.
The miscellaneous waste materials resulting from housekeeping,
mercantile enterprises, trades, manufacturing and offices, including
other waste matter, such as slag, stone, broken concrete, fly ash,
ashes, tin cans, glass, scrap metal, rubber, paper, rags, chemicals
or any other similar or related combinations thereof.
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. The facility shall not be staffed to provide
assistance with assembling or loading materials. A warehouse operated
for a specific commercial or industrial establishment shall not be
considered a self-service storage facility.
New York State Environmental Quality Review Act.
Includes those parts of any lot, which are used primarily
to provide access for servicing the use on the lot, including land
used for delivery of goods, storage, and collection of wastes and
provisions for maintenance.
The least required horizontal distance between property line,
and any structure on the lot measured at the shortest point, including
terraces, porches, or any covered projection thereof, but excluding
steps.
The requirement that a building be set back a certain distance
from the street or lot line.
A setback between the front lot line and the front line of
a building extended to the side lot lines of the lot. The depth of
the front setback shall be measured between the front line of the
building and the street line.
A setback between the rear lot line and rear line of a building
extended to the side lot lines of the lot. The depth of the rear setback
shall be measured between the rear lot line and the rear line of the
building.
The setback to any property line other than a street or rear
lot line.
The setback to the street or front lot line. On corner lots,
both yards bordering the street shall be considered as street setbacks.
Such street setback shall be measured from the public right- of-way.
A group of three or more stores, shops or similar businesses
offering a variety of goods and services, occupying adjoining structures,
whether attached or detached, having a common interrelated parking,
loading and site circulation system with consolidated access to public
roads. Also known as "malls," "retail centers," and "plazas."
A name, identification, description, including non-commercial
content, display, illustration, usually including alphabetic or numeric
characters, which is affixed to or painted upon or represented directly
or indirectly upon a building, structure, or piece of land or affixed
to the inside or outside of a door or window so as to be seen from
the outside of a building and which directs attention to an object,
product, place, activity, person, institution, organization or business.
FRAME SIGN— A portable sign with two or more steeply angled sides. Also known as a "sandwich board sign."
AWNING SIGNA sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area.
BANNERSA sign of lightweight fabric or similar non-ridged material that is mounted with no enclosing framework.
BEACONAny light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source, whether such beams move, rotate, flash or are stationary. The term "beacon" shall not include any kind of lighting device that is required or necessary under the safety regulations of the Federal Aviation Administration or similar agencies.
BUILDING SIGNA sign that is attached to, mounted on, or painted on a building. This includes awning signs, canopy signs, marquee signs, projecting signs, roof sign, and wall signs.
CHANGEABLE COPY SIGN (MANUAL)A sign, or portion thereof, on which characters, letters, or illustrations are changed manually in the field without altering the face or surface of the sign, including without limitation, a readerboard with changeable letters.
COMMERCIAL MESSAGEA sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
DEVELOPMENT SIGNAGEA sign which, by means of symbol or name, identifies a shopping center, commercial or industrial park, or other development that may contain residential, commercial, and/or industrial uses.
DIRECTIONAL SIGNA sign directing vehicular and/or pedestrian movement into, within, and/or out of a premises.
FLAGAny fabric containing distinctive colors, patterns, insignia or other information of a noncommercial nature that is used as symbol of government, political subdivision or other entity.
FLASHING SIGNAn illuminated sign on which the lights either blink on and off randomly or in sequence or have intermittent variation in intensity or color.
FREESTANDING SIGNA sign independently supported by the ground or mounted on a supporting structure that is placed on or anchored in the ground and is independent from any building.
GROUND SIGNA type of freestanding sign that is mounted on a base flush with the ground or supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than two feet.
ILLUMINATED SIGNA sign that is lighted by one or more of the following artificial light sources:
INCIDENTAL SIGNSSigns of a public or noncommercial nature displayed for the direction, safety or convenience of the public, including, but not limited to, signs which identify rest rooms, hours of operation, or warnings.
INTERNAL SIGNA sign that is not intended to be viewed from outside the property and located so as not to be legible from any public right-of- way or from any adjacent property, including any signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar structures of a recreational nature. Also included in such definition is a sign inside a building more than three feet inside any window or door and any sign not attached to a window or door that is not legible from a distance of more than five feet beyond the lot line of the zoning lot or parcel on which such sign is located.
LED SIGNA sign which utilizes LED lights to depict the text, graphics, or message upon the face of the sign.
NEON SIGNA sign formed from neon lamps containing neon gas.
NONCONFORMING SIGNA sign lawfully existing prior to the enactment of the sign provisions of this chapter, but which could not be erected in accordance with such provisions or amendment.
OBSOLETE SIGNA sign that advertises or identifies a business, event, product, service, etc., that is no longer in operation, sold, or offered, or is otherwise irrelevant or outdated.
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located.
PENNANTA string of shaped, brightly colored pieces of fabric, vinyl, plastic or other material, with or without a message or logo, intended to attract attention.
PERMANENT SIGNA sign made of materials that are intended to be used for more than 60 days, and such sign is attached to a building, attached to a structure, or is attached to the ground in some manner.
POLE SIGNA type of freestanding sign that is supported by two columns or posts with a distance exceeding two feet between the ground and the bottommost edge of the sign.
PROJECTING SIGNA sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.
ROOF SIGNAny sign erected upon the roof of a building, any portion of which is above the roofline of the building.
SUSPENDED SIGNA sign attached to and supported by the underside of a horizontal plane.
TEMPORARY SIGNA sign which is not intended to be used for a period over 60 days and is not attached to a building, structure, or ground in a permanent manner. Such signs usually being constructed of poster board, cardboard, masonite, plywood or plastic material and mounted to wood, metal, wire or rope frames or supports.
WALL SIGNA sign located on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.
WINDOW SIGNA sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen. This shall not include graphics in connection with a customary window display of products.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar character together with any frame or other material or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed; excluding
the necessary supports or uprights on which such sign is placed. The
area of a sign having more than one display surface shall be computed
as the total area of the exposed exterior display surface area.
The surface of the sign upon, against or through which the
message of the sign is exhibited.
The vertical distance from the uppermost point used in measuring
the area of the sign to the ground immediately below such point or
to the level of the upper surface of the nearest curb or a street
or alley (other than a structurally elevated roadway) whichever measurement
permits the greatest elevation of the sign.
A document signed by the Code Enforcement Officer or designated agent of the Town Board, as required by this chapter, as a condition precedent to the commencement of the erection, construction, installation, or display of a sign requiring a permit per Article 52 of this chapter.
The supports, uprights, bracing and framework for the sign.
Any change to a sign, including reduction or enlargement
of its size, change to its mounting, height, modification of its structural
characteristics or illumination, or change to some or all of its lettering,
symbols, coloring or other design features. For the purposes of this
chapter, except as indicated above, the term "alteration" shall not
include repairs for the purpose of sign maintenance.
A lot or group of contiguous lots not divided by any alley,
street, other right-of-way or the Town limit that is proposed for
development in accord with the provisions of this Zoning Code and
is in a single ownership or has multiple owners, all of whom join
in an application for development.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Code Enforcement Officer or the Planning Board.
Authority delegated to the Planning Board by the Town Board,
which enables the Planning Board to approve, approve with conditions
or disapprove the site plans for all buildings or uses where site
plan review is required.
The orientation of streets and lots to the sun so as to permit
individual properties to use passive and/or active solar energy resources.
The total of all equipment whose primary purpose is to provide
for the collection, conversion, storage, or control of solar energy
for electricity generation.
An area of land or other area used for a solar collection
system, other than a minor or accessory solar collection system, principally
used to capture solar energy and convert it to electrical energy to
transfer to the public electric grid in order to sell electricity
to or receive a credit from a public utility entity, but also may
be for on-site use. Solar farm facilities consist of one or more freestanding
ground- or roof-mounted solar collector devices, solar-related equipment
and other accessory structures and buildings, including light reflectors,
concentrators, and heat exchangers, substations, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat,
secondary to the use of the premises for other lawful purposes, with
the total surface area of all solar collectors on the lot not to exceed
4,000 square feet.
A device or combination of devices, structures, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy.
The space between a solar collector and the sun, which must
be free of obstructions for a solar energy system's effective
operation.
A specifically designed use that would not be appropriate
by-right, but which, if controlled as to number, area, location, character,
or relation to the neighborhood, would promote the public health,
safety, welfare, morals, order, comfort, convenience, appearance,
prosperity or general welfare.
A temporary space to be used by motorists while waiting to
use drive-in units, car washes, gas pumps or other similar uses.
A written document issued by an enforcement official, which
requires the cessation of an activity, usually construction.
An area designed by a licensed professional and approved
by the Town to retain water to control the flow of stormwater.
Part of a building which is between one floor level and the
next higher floor level or, if there is no floor above it, then the
ceiling above it.
A public or private way, which affords the principal means
of access to abutting properties.
The right-of-way line of a street as dedicated by a deed
or record. Where the width of the street is not established, the street
line shall be considered to be 25 feet from the center of the street.
Also referred to as "right-of-way line."
A strip of land used for public or private passageways and
designed for the conveyance of persons and/or vehicles from one point
to another.
A combination of materials to form a construction for use,
occupancy or ornamentation, including, but not limited to, buildings,
mobile homes, towers, flagpoles, swing sets, antennas, satellite dishes,
or gas or liquid storage tanks, that are principally above ground.
An area of land divided by owners or agents, either by lots
or by metes and bounds, into lots or parcels two or more in number
for the purpose of conveyance, transfer, improvement or sale of one
or more.
Any repair, reconstruction, alteration or modification of
a building, the cost of which equals or exceeds 50% of the market
value of the building either before the improvement or repair is started
or, if the building has been damaged and is being restored before
the damage occurred. Using documentation supplied by the applicant,
the Building Inspector shall determine the value of the improvements
to be made based upon the square footage of building area added or
improved. Prior to making a determination of value, the Building Inspector
may confer with the Assessor as well as other individuals for their
advice. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the building.
The term does not, however, include either any project for improvement
of a building to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to ensure
safe living conditions, or any alteration of a building listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
Any constructed body of water or structure to contain water
and any accessory equipment pertaining thereto, designed to be used
or intended to be used for swimming or bathing by any family or persons
residing on the premises and their guests. Portable wading pools,
two feet or deeper, shall be considered "swimming pools."
Towers and/or antennas and uninhabitable accessory structures
used in connection with the provision of cellular telephone service,
personal communication services, digital and/or data communication
services, paging services, radio and television broadcast services
and similar broadcast services (also referred to as "facilities" or
"equipment"). Examples of such structures include utility or transmission
equipment storage sheds or cabinets. Includes any structure, including
dish antennas, whether attached to a building or freestanding and
whether guyed or self-supporting, designed to be used as or for the
support of devices to be used for the transmission and/or reception
of radio frequency signals, such as, but not limited to, broadcast,
shortwave, citizens band, FM or television signals, or wind-driven
devices, such as energy converters and wind speed and/or direction
indicators.
A structure on which transmitting and/or receiving antenna
are located. This includes, but is not limited to, freestanding towers,
guyed towers, monopoles and similar structures. It is a structure
intended for transmitting and/or receiving telecommunications but
excluding those either for fire, police or other dispatch communications
or exclusively for private radio and television reception and private
citizens' bands, amateur radio and other similar communications.
A fully enclosable and transportable unit designed and used
primarily for temporary storage of building materials, household goods,
personal items and other materials for use on a limited basis on residential
property.
Any person who occupies or has a leasehold interest in a
rental unit under a lawful agreement, whether oral or written, express
or implied.
A building or part of a building devoted to the performing
arts or the viewing of motion pictures.
Open land with its appurtenant facilities devoted primarily
to the showing of moving pictures or theatrical productions to patrons
seated in automobiles or on outdoor seats.
A map showing all principal physical features of an area,
including elevations.
Soil material which is rich in organic matter and capable
of supporting plant life.
The elected legislative body of the Town of Manchester.
The Town Clerk of the Town of Manchester.
The local laws, ordinances, rules, certain resolutions, and
regulations of the Town that are collectively known as the "Code of
the Town of Manchester."
The building in which the Town Clerk of Manchester is located.
The most recently adopted Comprehensive Plan by the Town
of Manchester Town Board, as provided for by NYS General Municipal
Law.
Any vehicle not propelled by its own power drawn on the public
highways by a motor vehicle as defined in this section, except motor
vehicle side cars, vehicles being towed by a non-rigid support and
vehicles designed and primarily used for other purposes and only occasionally
drawn by such a motor vehicle.
A vehicular portable unit mounted on wheels and constructed
with collapsible partial side walls which fold for towing by another
vehicle.
A structure with or without wheels, originally designed to
be towed or hauled by another vehicle for the carrying of materials,
goods or objects.
A vehicular portable unit, mounted on wheels, of such a size
or weight as not to require special highway movement permits when
drawn by a motorized vehicle and of a body width of no more than eight
feet and a body length of no more than 32 feet when factory-equipped
for the road.
The edge of a habitat or wooded area at which trees are capable
of growing.
A site and structure used for the transfer and storage of
goods in transit and storage of all vehicles used in transporting
such goods.
A space on private property that permits the turning around
of any passenger or emergency vehicle without the necessity of using
any public right-of-way to turn around.
The specific purpose for which land, building, or structure
is designed, intended, arranged, used or maintained.
Any change in the type or nature of occupancy of a building
or land, except the following:
A change in the volume of use without any physical extension
of sales and/or service area.
An expansion or substitution of accessory or incidental uses
in connection with the established principal use, except that in no
case shall such an accessory or incidental use dominate in area or
purpose the principal lawful use.
A change in ownership.
A change to a generically similar use as determined by the CEO.
Any use specifically allowed in the district, excluding illegal
uses and nonconforming uses.
All lines and facilities related to the provision, distribution,
collection, transmission, or disposal of water, storm and sanitary
sewage, oil, gas, power, information, telecommunication and telephone
cable, and includes facilities for the generation of electricity.
Any unattended self-service device that, upon insertion of
a coin, coins, or token or by similar means, dispenses anything of
value including food, beverage, goods, wares, merchandise or services.
A passage or path designated for pedestrian activity or walking.
A building, typically enclosed, designed or used for the
storage of commodities; Includes warehouse, wholesale establishment,
discount house, bulk storage and bulk sales outlet.
Areas designated as freshwater wetlands by the New York State
Department of Environmental Conservation or the Army Corps of Engineers,
as prescribed by law.
An object, often made of concrete, which is placed at the
front of a parking space to prevent vehicles from pulling too far
into the space and striking the wall, landscape, or other objects
that may be on the other side of the space.
An enclosed building for the manufacture, processing, bottling,
and packaging of wine as defined by and duly licensed by the NYS Liquor
Authority. For the purposes of this chapter, this shall include operations
which include tasting rooms.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
A yard between the front lot line and the front line of a
building extended to the side lot lines of the lot.
A yard between the rear lot line and rear line of a building
extended to the side lot lines of the lot.
The area between the side building line and the related side
lot line and between the front yard and the rear yard.
The officially established Zoning Board of Appeals of the
Town of Manchester with the duties and responsibilities identified
in this chapter. Also referred to as "Zoning Board" or "Board of Appeals."
A specifically delineated area or district in a municipality
within which regulations and requirements uniformly govern the use,
placement, spacing, and size of land and buildings.
A document signed by the Code Enforcement Officer or designated
agent of the Town Board, as required by this chapter, as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, restoration, alteration, conversation or installation
of a structure or building.
