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