For the purpose of this chapter, certain words
and terms used herein shall be defined as follows:
A.Â
Word usage.
(1)Â
All words used in the present tense include the future
tense.
(2)Â
All words in the plural number include the singular
number and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
(3)Â
The word "person" includes an association, partnership
or corporation.
(4)Â
Unless otherwise specified, all distances shall be
measured horizontally along the ground.
(5)Â
The word "building" includes the word "structure."
(6)Â
"Lot" includes the words "plot," "parcel," "tract"
or "site."
(7)Â
The word "premises" includes a lot and all buildings
or structures thereon.
(8)Â
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.
(9)Â
"Used" shall be deemed also to include "designated,
intended or arranged to be used or occupied."
(10)Â
"Shall" is mandatory and not discretionary;
"may" is permissive.
B.Â
BOARD OF APPEALS
CODE ENFORCEMENT OFFICER
COUNTY PLANNING BOARD
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEPARTMENT OF HEALTH
PLANNING BOARD
TOWN BOARD
Administrative agencies defined.
The Zoning Board of Appeals of the Town of Albion.
The official or officials designated by the Town Board of
the Town of Albion to enforce the provisions of this chapter.
The Planning Board of the County of Orleans.
The New York State Department of Environmental Conservation.
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.
The Planning Board of the Town of Albion.
The Town Board of the Town of Albion.
As used in this chapter, the following terms
shall have the meanings indicated:
A detached building or structure which:
Is customarily incidental and subordinate to,
and serves a principal building;
Is subordinate in area, extent or purpose to
the principal building served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building use; and
Is located on the same parcel as the principal
building.
This definition shall include private garages.
A use incidental and subordinate to the principal use of
a building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
Any business enterprise having as a substantial portion of
its stock-in-trade books, magazines, pamphlets, pictures, drawings,
photographs, and audio/visual material of any kind, which are characterized
by their emphasis on the description or depiction of areas of the
anatomy customarily associated with sexual activities; or any business
enterprise having a substantial area of its establishment devoted
to the sale, rental and display of such material.
Any business enterprise having as a substantial portion of
its activity the presentation of live shows, motion-picture films
or sound recordings, or similar visual or audio material, which are
characterized by their emphasis on the description or depiction of
areas of the anatomy customarily associated with sexual activities;
or any business enterprise serving food and beer, wine or liquor whose
entertainers or waiters and waitresses appear in a state that displays
areas of the anatomy customarily associated with sexual activities;
or any business enterprise that offers services requiring the client
or customer to display said anatomical areas, except medical and health
services establishments.
The use of land for agricultural production purposes including,
but not limited to tilling of the soil, dairying, pasturage, animal
and poultry husbandry, apiculture, arboriculture, horticulture, floriculture,
viticulture, and accessory uses for packing or storing of products,
provided that the operation of any such accessory uses shall be secondary
to that of the principal agricultural production activities.
Any area of land designed for the operation of general aviation
aircraft, including hangars for storage and servicing, taxiways, landing
strips and accessory uses.
An airport, as defined above, used solely for the benefit
of the landowner and for emergency landing when necessary.
As applied to a building or structure:
The change or rearrangement in the supporting
members of a building or structure such as bearing walls, columns,
beams or girders or in the exit facilities;
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
The moving from one location or position to
another; and
Any alteration whereby a structure is adapted
to another or different use, including any separation into rooms or
spaces by the installation of nonbearing partitions.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure. Current examples include windmills, solar collectors
and solar greenhouses, heat pumps, or other related devices. For the
purposes of this chapter, this definition shall apply to individual
residences and businesses. Commercial generating plants are excluded.
A place used for the care, grooming, diagnosis and treatment
of sick, ailing, infirm or injured animals, and those who are in need
of medical or surgical attention, and may include overnight accommodations
on the premises for treatment, observation and/or recuperation. It
may also include boarding that is incidental to the primary activity.
A structure or mount supporting a system of wires, rods,
discs, dish, horns, or similar devices used for the transmission and/or
reception of electromagnetic waves.
A dwelling unit that is intended to be leased or rented.
This term shall not be deemed to include a motel, hotel, boarding
house or travel trailer.
A building arranged, intended or designed to provide three
or more dwelling units independent of each other, but which may have
common hallways and entrances. Such dwelling units may be offered
as rental units or as condominiums.
An open area, other than a street, used for the display,
sale, lease or rental of new or used motor vehicles or manufactured
homes in operable condition and where no repair work is done.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail, or where minor repair
service and vehicle state inspections may be rendered.
The dismantling or disassembling of used motor vehicles or
manufactured homes; or the storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
below the average established curb level or finished grade of grounds
adjoining the building.
A single-family dwelling where overnight lodging, with or
without the service of meals, is offered to transient guests for compensation.
Such use shall be clearly incidental and secondary to the principal
use of the dwelling. This term includes hostels and tourist homes
but does not include hotels, tourist courts, motor lodges, tourist
cabins or similar terms.
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, and designed to provide a physical
screen preventing visual access from one use to another and to reduce
the escape and/or intrusion of litter, fumes, dust, noise, or other
noxious or objectionable elements.
Any structure which is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals, or property.
The New York State Uniform Fire Prevention and Building Code.
[1]The percent of building coverage of any lot shall be equal
to 100 times the ratio of the gross horizontal area of all principal
and accessory buildings that have roofs on them (including covered
breezeways, covered porches, covered cantilevered structures, etc.)
measured from the exterior faces of the exterior walls but shall not
include any structure (such as a patio or deck) that does not have
a roof, divided by the horizontal area of the lot.
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls, extending from the
ground up.
The vertical distance measured, in the case of a building
with a flat roof, from the curb level to the level of the highest
point of the roof beams, and in the case of a building with a pitched
roof, from the curb level halfway between the top of the plate and
the ridge, but not including chimneys, spires, mechanical penthouses,
towers, tanks, and similar projections.
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves. All yard and setback requirements are
measured to the building lines.
A written permit issued by the Code Enforcement Officer authorizing
construction in compliance with the Building Code.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Includes the purchase, sale or any other transaction involving
the handling, servicing or disposition of any article, substance,
commodity, or service, tangible or intangible, and includes offices,
recreational and amusement enterprises and any operation where the
above-described activities are conducted in return for remuneration
of any type. For the purpose of this chapter, "business" shall have
the same meaning as "commercial," and reference to commercial districts
or zones shall be interpreted as referring to business districts.
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.
A roofed structure without enclosing walls, used for the
storage of one or more motor vehicles.
A structure or building designed for the washing, waxing,
or similar treatment of automotive vehicles as its principal function.
An automobile service station or filling station having portable washing
equipment shall not be deemed to be a car wash where such is an accessory
service to the principal service of the automobile service station
or filling station.
A certificate issued by the Code Enforcement Officer stating
that a structure or the use thereof is in compliance with this chapter.
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building which authorizes
the use and habitation of the structure in compliance with all of
the requirements of the Building Code.
Any structure used for worship or religious instruction including
social and administrative rooms accessory thereto.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
Any organization catering to members and their guests, or
a building or premises used for recreational, general, social, or
athletic purposes not open to the general public. Clubs shall not
be conducted primarily for gain, and vending stands, merchandising,
or commercial activities shall not be conducted except as required
for membership and purposes of such club. For the purpose of this
chapter, this term shall include religious organizations, lodges,
fraternal organizations, mutual benefit societies, and other similar
organizations.
A development of residential lots, some of which may contain
less area than the minimum lot area required for the zone within which
such development occurs, while maintaining the density limitation
imposed by said minimum lot area through the provision of open space
as part of the site development plan.
The official designated to administer and enforce this chapter
by granting or denying zoning permits in accordance with its provisions.
See BUSINESS.
Space reserved for use by any and all residents of a housing
development including, but not limited to, halls, stairways and landings
in apartment buildings, or open space or recreation areas in condominium
or townhouse developments.
See TOWER.
The Comprehensive Plan is the plan, prepared and adopted
by the Town Board, which indicates the general locations recommended
for various functional classes of public works, places and structures
and for the general physical development of the Town and includes
any unit or part of such plan separately prepared and any amendment
to such plan or parts therein. The term "Comprehensive Plan" shall
also include the Town Zoning Ordinance and other policy documents
and regulations adopted by the Town.
An ownership arrangement in which the interior of a housing
unit is individually owned, while the exterior, including land and
facilities (common elements), is owned in common by all homeowners
in the development. The owner has title to the interior individual
dwelling and a shared interest in the common elements.
A place other than an occupied residence which provides day
care of children; or, an occupied residence which provides group care
for seven or more children away from their own homes.
Care provided for three or more children away from their
own home for more than three hours but less than 24 hours per day
per child, which care is provided with or without compensation or
payment.
Day care of not more than six children provided in a family
home.
Any change made 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 to farm roads.
A structure designed to provide access from the shore to
a water body for swimming, boating or other recreational use.
A business providing service or delivery of goods to persons
in a vehicle, the vehicle being driven to a position designed to provide
that service or goods from inside a building. This term shall include
drive-in outdoor theaters, drive-in banking, drive-in photo processing,
fast food establishments, auto washing facilities, refreshment stands,
and similar uses. This term shall not include retail fuel outlets
or filling stations.
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.
Any building or portion thereof designed or used exclusively
as a residence or sleeping place for one or more persons. Structures
which do not have permanent or approved sanitary facilities shall
not be considered a residential dwelling.
SINGLE-FAMILYA detached residential dwelling designed for and occupied by one family only.
TWO-FAMILYA detached building containing two dwelling units, designed for occupancy by not more than two families. A duplex is a two-family dwelling which is designed with a common wall.
MULTIPLE-FAMILYA residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided. This definition includes apartment buildings.
SEASONAL DWELLINGA dwelling unit intended for occupancy only during certain seasons of the year, principally for recreational use by the owner, including hunting cabins, vacation cottages, summer cottages, and vacation lodges.
One room or rooms connected together for owner occupancy
or rental or lease on a weekly, monthly or longer basis, and physically
separated from any other rooms or dwelling units which may be in the
same structure and containing independent cooking and sleeping facilities,
designed for occupancy by one family.
A specified (limited) use of private land for a public or
quasi-public purpose, authorized by a legal easement document.
The form required by Town boards or agencies to assess the
potential environmental impacts of a proposed action and to determine
the environmental significance of a proposal.
A written document, prepared in accordance with State Environmental
Quality Review Act[2] (SEQR) regulations, which documents the potential environmental
impacts of a proposed action and alternative actions.
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, or public receiving
and retransmission of communications signals.
A lot or land or part thereof used for the purposes of extracting
stone, sand, or gravel for sale, as an industrial or commercial operation,
but does not include the process of grading a lot preparatory to the
construction of a building which has an approved zoning and building
permit.
One or more persons, usually but not necessarily related
by blood, marriage or adoption, living together as a single, not-for-profit
housekeeping unit.
Any parcel of land which is worked for gain in the growing
of agricultural products or the raising of animals (See AGRICULTURE).
It includes necessary farm structures within the prescribed limitations
and the storage of equipment used. It excludes riding academies and
livery or boarding stables and kennels.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with, and necessary to the operating of the farm as
defined by this article.
Any structure or combination of structures, building or buildings
in which people are housed on a farmer's own land who are employed
in the individual farmer's personal farming operation, on that farmer's
land or land that he has under his control by a valid and existing
lease.
Retail outlet consisting of permanent structure(s) for the
display and sale of agricultural and nursery products grown principally
by the operator.
A structure of wood, masonry, wire mesh or other material,
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property.[3]
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the floor area used or intended
to be used by tenants or for service to the public as customers, patrons,
clients or patients, including areas occupied by fixtures and equipment
used for display or sales of merchandise. It shall not include areas
used principally for nonpublic purposes such as storage, incidental
repair, processing or packaging of merchandise, for shop windows,
for offices incidental to the management or maintenance of stores
or buildings, for toilet or rest rooms, for utilities or for dressing
rooms, fitting rooms or alteration rooms.
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 inside faces of exterior walls or from the center
line 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,
rest rooms, fitting or alteration rooms or general maintenance, or
enclosed pedestrian malls or corridors.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business. A floor used only for storage purposes is
not a habitable floor. All dimensions shall be measured from the interior
faces of exterior walls or from the center line of the base of walls
separating two dwelling units.
All of the property abutting one side of a road, street,
or thoroughfare, measured along the road, street or thoroughfare line.
A building which provides for the storage of motor vehicles,
boats, equipment, materials or other tangible personal property owned
solely by the parcel owner of record of the lot upon which it is erected.
No provision shall be granted for the operation of motor vehicle repair
shops. No provision shall be granted for providing rental to the public
of any portion of the structure for storage.
[Amended 10-27-2014 by L.L. No. 1-2014]
Any garage other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, recreational
vehicles, boats and other tangible personal property.
A commercial or industrial use conducted within or on the
same lot as an occupied single-family dwelling by the inhabitants
thereof, involving the manufacture, provision, or sale of goods and
services on the premises.
Any occupation or profession customarily conducted entirely
within a dwelling or a building accessory to the dwelling by the inhabitants
thereof, which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes and does not change the character thereof.
A home occupation shall not be interpreted to include the following:
commercial stables and kennels, restaurants, musical and dancing instruction
to groups exceeding four pupils, convalescent homes, mortuary establishments,
garages or shops for the repair of motor vehicles.
An individual who resides in a dwelling unit and who owns,
rents or otherwise has legal possession of such unit.
A lot, land or structure or part thereof used for the collection,
storage, disassembly, packing, sorting, salvage, buying, selling or
exchange of waste paper, rags, scrap, or discarded materials or machinery,
or parts of any sort. More than two abandoned, unregistered, disabled,
dismantled, or partly dismantled vehicles, or pieces of equipment,
allowed to remain unhoused on a premises for a period of more than
30 days shall constitute a junkyard. Also, the unhoused storage, sale,
or abandonment of wastepaper, rags, scrap metal, discarded materials,
or the collecting, dismantling, storage, salvaging or abandonment
of machinery, appliances or vehicles not in operating condition shall
constitute a junkyard. Automobile junk yards as defined in General
Municipal Law § 136 shall be included within this definition.
Any lot or premises on which four or more domestic animals
more than six months of age are housed, groomed, bred, boarded, trained,
or sold, for compensation of any kind.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
A parcel of land considered as a unit, devoted to a certain
use and occupied, or capable of being occupied, by a building or group
of buildings that are united by a common interest or use, and the
customary accessory uses and open space belonging to same.
LOT, CORNERA parcel of land at the junction of, and fronting on two or more intersecting street, roads, or thoroughfares.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets, roads, or thoroughfares.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
The mean distance from the center line of the street to the
rear lot line measured in the general direction of the side lines
of the lot.
The linear distance along a lot line which adjoins the road
or highway which provides access to the lot.
The property lines bounding the lot:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The width of the lot between side lot lines at the front
building line as prescribed by the front yard regulations.
A factory-manufactured home, built on a permanent steel-framed
chassis in accordance with federal HUD standards and designed to be
transported to a site in one or more sections, which is intended to
be used as permanent living quarters by a single family unit when
connected to the required plumbing, heating and electrical utilities.
For the purposes of this chapter, the removal of transport wheels
and/or the anchoring of the home to a permanent foundation shall not
remove it from this definition. This term shall include double-wide
manufactured homes.
Any site, lot, field, plot, parcel or tract of land on which
two or more manufactured homes are parked or located and are occupied
or intended for occupancy on the premises, and for which either the
said premises or manufactured homes are offered to the public for
a fee of any type, including cost sharing. This includes the rental
of the said premises and/or the manufactured homes.
The use of an area of land to remove minerals, metals or
other items of value from the ground for a profit, including gas and
oil wells. (See also EXCAVATION.)
A factory-manufactured home having no permanent support frame
and designed to be transported to a site in one or more sections for
erection, construction, or installation as a permanent structure.
Modular homes shall be affixed to a permanent site-built foundation
and shall meet the requirements of the New York State Uniform Fire
Prevention and Building Code. For the purposes of this chapter, modular
homes shall be regulated as a dwelling.
A building or group of buildings, whether detached or in
connected units, containing sleeping units or lodging facilities for
transient guests. Accessory facilities such as restaurants, meeting
rooms, retail business activities and other similar services, which
solely accommodate the motel patrons and not the general public, are
allowed. The term "motel" includes buildings designated as auto cabins,
auto courts, motor lodges, tourist courts, hotels and similar terms.
Any vehicle designed to be propelled or drawn by power other
than muscle power, except electrically driven wheelchairs being operated
or driven by an invalid. This term shall include automobiles, trucks,
buses, motorcycles, tractor-trailers, boats, motorhomes, snowmobiles,
all-terrain vehicles and garden and lawn tractors.
A building, or portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles for compensation.
A building or structure legally existing at the time of enactment
of this chapter or any amendment thereto, and which does not conform
to the area or dimensional regulations of the district or zone in
which it is situated.
A lot of record existing at the date of the enactment of
the chapter which does not have the minimum width, depth or area for
the district in which it is located.
Any use of land, buildings or structures, legally existing
at the time of enactment of this chapter, which does not legally conform
to the regulations of the district or zone in which it is located.
A building in which office use comprises more than 50% of
the total floor area. This does not include home occupations, where
offices are a secondary or incidental use.
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
An unenclosed area used for temporary or seasonal storage
of vehicles, materials, building supplies, stock, or supplies for
later use in conjunction with a permitted principal use, accessory
use, or special permitted use.
An off-street area with an appropriate means of vehicular
access to a street, intended for the temporary storage of vehicles.
Space available for the parking of one motor vehicle and
having an area of not less than 180 square feet (nine feet by 20 feet),
exclusive of passageways and driveways providing access thereto.
A use or structure intended to be lasting, not temporary,
whether or not it is affixed to the earth.
[Added 8-11-2003 by L.L. No. 4-2003]
A use listed in the Zoning District regulations of this chapter
as permitted.
Any indoor place or enclosure in which are maintained or
operated, for the amusement, patronage, or recreation of the public,
three or more coin-controlled amusement devices, including the types
commonly known as "pinball," "video games," and "foosball."
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.
The office or place of business where professional services
are offered and does not involve, as a principal use, the sale of
goods or the keeping of a stock in trade. Professional offices include
but are not limited to, medical doctors, dentists, surgeons, attorneys,
architects, engineers, planners, accountants, real estate brokers,
insurance brokers, psychologists and chiropractors.
A specific activity performed by a qualified person(s) which
requires training and/or specialized study.
This definition is intended to include, but not be limited
to, any one or more of the following uses, including grounds and accessory
buildings necessary for their uses:
Churches, places of worship, parish houses and
convents.
Public or semipublic parks, playgrounds and
recreational areas when authorized or operated by a governmental authority,
school, or religious institution.
Nursery schools, elementary schools, high schools,
colleges, or universities.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety
buildings.
Administrative office buildings and related
facilities operated by public agencies.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes for adults,
or homes for the aged as the same are defined under the Public Health
Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
Not-for-profit membership corporation or club
established for civic, cultural, social, or recreational purposes.
Day-care centers approved by the New York State
Department of Social Services.
A site which provides space, on a rental or fee basis, for
growers to sell agricultural products to the general public.
 A vehicle type unit primarily designed as temporary
living quarters for recreational, camping or travel use, which either
has its own motive power or is mounted on or drawn by another vehicle.
The basic types are:
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and a body length of no more than 38 feet when factory equipped for the road.
CAMPING TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTORHOMEA vehicular unit built on a self-propelled motor vehicle chassis.
BOATA vehicle designed to be used on the water and made of wood, fiberglass, metal fabric or any other material, whether designed to be propelled by mechanical means, wind or muscle power.
[Added 12-9-2002]
Recreation area is the sum of all open or covered areas used
for recreation purposes.
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
parking space required by this chapter. One reservoir space shall
be 24 feet long and 10 feet wide.
The conversion of the use of a building from nonresidential
to residential use or the structural alteration of an existing residential
structure to increase the number of residential units in the structure.
Any establishment, however designated, at which food or drink
is sold for consumption to patrons seated within an enclosed building
or on the premises.
Any establishment that sells gasoline, diesel, kerosene,
propane, or similar fuels to the public. This includes service stations,
convenience stores, car washes or any other facility that sells fuels.
Any use housing animal livestock, such as horses, and providing
such livestock to the public for riding on a pay-per-use or fixed
fee basis.
Land set aside for use as a street, alley, or other means
of travel.
The line determining the street or highway limit of public
ownership. For the purposes of this chapter, the right-of-way line
and the street line shall have the same meaning.
A road, normally a state highway, which serves or is designed
to serve heavy flows of traffic and which is used primarily as a route
for traffic between communities and/or other heavy traffic generating
areas.
A road which serves or is designed to carry traffic from
minor streets to the arterial street system.
A street or road used primarily to provide access to abutting
properties.
Retail outlet, consisting of nonpermanent structures (movable
and temporary), for the sale of agricultural products grown principally
by the operator during the harvest season. (See also "FARM MARKET.")
A dwelling other than a hotel, motel, bed-and-breakfast establishment
or tourist home, where more than two persons are housed or lodged
for hire with or without meals. A rooming house is distinguished from
a bed-and-breakfast establishment or tourist home in that it is designed
to be occupied by longer term residents as opposed to overnight or
weekly guests.
A combination of:
A restaurant which operates only seasonally and has a seating
capacity of 25 people or less. Included are coffee shops, lunch counters,
and ice cream parlors.
The horizontal distance between the center line of the street,
rear or side lines of the lot and the front, rear or side lines of
the building. All measurements shall be made at right angles to or
radially from the street center line or lot lines to the building
lines. Setbacks from the center line of street to the front building
line are defined as "front setbacks." Setbacks from side lot lines
to the side building line are defined as "side setbacks." Setbacks
from the rear lot lines to the rear building line are defined as "rear
setbacks."
[Amended 10-27-2014 by L.L. No. 1-2014]
A group of stores, shops and similar establishments occupying
adjoining structures or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
The maximum extent of unobstructed vision along a street
from a vehicle located at any given point on the street.
Any device, structure, or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
SIGN, OUTDOOR ADVERTISINGA sign which is visible from a public right-of-way, neighboring property, or parking area, and contains an advertising message relating to a business.
SIGN, NONCOMMERCIAL SPEECHA sign which contains a message that is not related to any business purpose, but which expresses an opinion, political message or other noncommercial statement.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign.
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 Planning Board.
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter.
Space open to the sun and clear of overhangs or shade.
Those particular uses which are specifically permitted in
a given district only when conditioning criteria enumerated in this
chapter are met.
A building in which any horses are kept for remuneration,
hire or sale.
This term shall include horses, cows, goats, sheep, pigs,
rabbits, fowl, and other similar animals.
The limit of the street width or highway right-of-way, whichever
is greater.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. For example, structures include buildings, mobile homes, walls,
fences, signs, sheds, billboards and poster panels, docks, and/or
similar construction types.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the assessed value of the
structure either before the improvement or repair is started, or,
if the structure has been damaged and is being restored, before the
damage occurred.
Any body of water, or receptacle for water, having a capability
of a depth of 18 inches or more at any point, used or capable to be
used for swimming, bathing, or wading, and permanently installed or
constructed either above or below ground.
Any establishment, licensed by the State of New York, that
engages in the sale for on-premises consumption of alcoholic and nonalcoholic
beverage(s).
A use or structure lasting for a designated period of time
only, but not more than one year, unless specifically authorized by
this chapter.
[Added 8-11-2003 by L.L. No. 4-2003]
An activity or use conducted for a specified limited period
of time, not exceeding six months within any twelve-month period.
This term shall include those uses incidental to construction projects,
festival tents/refreshments stands, temporary real estate sales offices
incidental to a subdivision project, and similar uses.
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, cellular
telephone, FM or television signals or wind-driven devices such as
energy converters and wind speed and/or direction indicators.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
A variance is any departure from the strict letter of these
regulations 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.
Land uses, structures and or economic activities that would
not exist without a waterfront location.
Land uses that receive added value or importance because
of proximity to a shoreline, often functioning as support services
for water uses and water dependent uses.
Any commercial equipment used in connection with the temporary
collecting of data on the feasibility of installing wind-energy-producing
towers in the Town of Albion. Meteorological (MET) towers are to be
used for the purpose of collecting data and shall not be used to produce
wind-energy. Meteorological (MET) towers shall include monopole, guyed
or latticework towers, as well as antennas, supporting masts, wires,
structures and buildings. Meteorological (MET) towers shall have a
maximum height of 199 feet. Any tower over 199 feet in height will
require an area variance.
[Added 9-10-2007 by L.L. No. 6-2007]
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a windmill.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein. (See also SETBACK).
YARD, FRONTThe space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front line.
YARD, REARAn open space extended across the entire width of the lot between the rear wall of the principal building and the rear line of the lot, and unoccupied except for accessory building and open porches.
YARD, SIDEAn open space on the lot with a principal building between the principal building and the side line of the lot extending through from the front yard to the rear yard, into which space there shall be no extension of building parts other than two feet for rainwater leaders, window sills, and other such fixtures and open steps.
The temporary displaying of household items and clothing
for sale on a yard, porch or in a barn or garage. This term shall
include garage sales, barn sales, porch sales, tag sales and other
sales similar in nature.
A document issued by the Code Enforcement Officer authorizing
the use of lots, structures, uses of land and structures, and the
characteristics of the uses in conformity with this chapter.
