[Amended 3-24-1999 by L.L. No. 1-1999]
Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "lot" includes the word "plot." The term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated:
- ACCESSORY BUILDING
- A building clearly incidental or subordinate to, and customary
in connection with, the principal building on the same lot.[Amended 3-24-1999 by L.L. No. 1-1999]
- ACCOMMODATION UNIT
- Each bed, bunk, cot or other arrangement for sleeping by a single person or family shall be an accommodation unit.
- Extension or increase in area, height or equipment of a building.[Added 11-14-2001 by L.L. No. 8-2001]
- AGRICULTURE or HORTICULTURE
- The cultivation of soil for food products or other useful or valuable growths in the field or garden, exclusive of facilities for display of products and marketing on the premises, whether wholesale or resale. Agriculture shall be deemed also to include poultry or livestock production or breeding and the raising of cattle for the purpose of milk production.
- Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment.[Amended 11-14-2001 by L.L. No. 8-2001]
- ANIMAL KENNEL
- Any building, structure or premises in which animals are kept, boarded or trained.
- BED-AND-BREAKFAST ACCOMMODATIONS
- A dwelling occupied by the owner thereof in which overnight
accommodations are provided for transient guests for compensation.[Added 7-24-1991 by L.L. No. 1-1991]
- A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot.
- Any combination of materials forming any construction, except where entirely underground, so as to permit the use of the ground above the same as if no building was present. The term "building" shall include the term "structure" as well as the following:
- A. Walls other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.
- B. Radio and television receiving and transmitting towers and antennas, except for such antennas installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building.
- C. Porches, outdoor bins and other similar structures.
- One or more temporary or permanent tents, buildings or structures, together with the lot or tract of land appertaining thereto, established or maintained as living quarters for temporary occupancy and normally not arranged or intended for such occupancy except during the period or part of the period from April 1 to October 1 in any year.
- Any space in a building the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A cellar shall not be considered in determining the permissible number of stories.
- CLUBHOUSE or LODGE
- A building, structure, lot or land area used as a private club or social organization with annual membership dues and not conducted for profit or gain.
- COMMERCIAL RECREATION FACILITY
- Any recreational facility in private ownership requiring compensation or admission fees for the use thereof, other than accessory to single-family residential uses.
- COMPREHENSIVE PLAN
- As defined in § 272-a of the Town Law.[Added 3-24-1999 by L.L. No. 1-1999]
- CONVALESCENCE FACILITY
- A building facility utilized for the purpose of aiding or assisting the recovery of health and/or rehabilitation following sickness.
- COURT, INNER AND OUTER
- Any unobstructed open area bounded on three or more sides
by the walls of a building or buildings, not including any such area
with no windows opening upon it except windows on a stairway. An inner
court does not extend to a street or yard; an outer court extends
to a street or yard.[Amended 3-24-1999 by L.L. No. 1-1999]
- COVERAGE, BUILDING
- The percentage of the area of the lot covered by a building or buildings.
- COVERAGE, DEVELOPMENT
- The percentage of a lot covered by buildings, parking areas, accessory structures and any impervious materials.
- CURB LEVEL
- The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
- DISTRICT, OVERLAY
- An area designated on the Zoning Map recognizing unique characteristics of land which require modification of the use and bulk regulations of the primary district.
- DISTRICT, PRIMARY
- A zoning district within which a uniform set of bulk and use regulations is applied to protect the public health, welfare and safety and as a means of implementing the Comprehensive Plan for the Town of Eden.
- DISTRICT, RESIDENTIAL
- The C, A, RR, SR and HR Districts.
- DOMESTIC ANIMAL
- Various species of animals, such as cats, dogs, hamsters and the like, which normally and conventionally board in residential dwellings or adjacent thereto.
- Any area, lot or parcel for the storage or abandonment of refuse.
- DWELLING, CONVENTIONAL MULTIPLE
- A structure containing three or more dwelling units which have a common floor/ceiling separating one dwelling unit from another, in addition to common or party walls between units.
- DWELLING, MULTIPLE
- A structure containing three or more dwelling units.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING, SEMI-ATTACHED
- A one-family dwelling having one party wall separating it from another one-family dwelling, each dwelling being situate on a separate lot.
- DWELLING, TOWNHOUSE MULTIPLE
- A one-family dwelling with two common or party walls separating it from adjacent units on both sides.
- DWELLING, TWO-FAMILY
- A detached building containing two dwelling units only on one lot.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrance or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
A trailer, boardinghouse or rooming house, convalescent home, fraternity
or sorority house, hotel, inn, lodging, nursing or other similar home
or other similar structure shall not be deemed to constitute a dwelling
unit.[Amended 7-10-1996 by L.L. No. 4-1996]
- EXTERIOR ARCHITECTURAL FEATURE
- The architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to view from a public way, including kind, color and texture of building materials and type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.
- One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.[Amended 3-24-1999 by L.L. No. 1-1999]
- FLOOD, ONE-HUNDRED-YEAR
- A flood the magnitude of which is likely to occur once every 100 years (i.e., that has a one-percent probability of occurring each year).
- The land area adjoining a river, stream, watercourse or lake which is likely to be flooded.
- FLOOD PROTECTION ELEVATION
- The elevation of floodwaters in the one-hundred-year flood.
- The channel of a river or another watercourse and the adjacent land areas required to carry and discharge a flood.
- FLOOR AREA
- The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
- FLOOR AREA, LIVABLE
- All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter or with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
- FLOOR AREA RATIO
- The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.
- The location of a parcel of land with respect to improved
and accepted access.[Added 11-14-2001 by L.L. No. 8-2001]
- GARAGE, PRIVATE
- An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein and no space therein for more than one car is leased to a nonresident of the premises.
- GARAGE, REPAIR
- Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
- GASOLINE SERVICE STATION
- A building or other structure or a tract of land used or heretofore used primarily for the servicing of motor vehicles. It shall signify a retail place of business engaged primarily in the sale of motor fuels and also in supplying goods and services generally required in the operation and maintenance of motor vehicles, to include sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of routine automotive maintenance and repairs.
- The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure, excluding a chimney.
- HOME OCCUPATION
- Any gainful personal service occupation customarily conducted within a dwelling unit or an accessory structure in a residential district which is clearly incidental and subordinate to its use for residential purposes by the occupant thereof. Home occupations shall not be construed to include uses such as the following: a clinic or hospital, restaurant, animal hospital or the selling at retail from the premises of goods not produced by the residents thereof.
- A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified. A hospital shall be deemed to include a sanitarium, clinic, convalescent home, nursing home, rest home or other building with an equivalent appellation.
- HOTEL or MOTEL
- A building or buildings containing accommodation units for housing transient guests for compensation.
- Any area of land, including buildings thereon, which is used primarily for the collecting, storage and/or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in running condition and for the sale of parts thereof. Two or more motor vehicles stored outside without current license plates for a period of 30 days shall constitute a junkyard.
- A building for experimentation in pure or applied research, design, development and production of prototype machines or of new products and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale; wherein commercial servicing or repair of commercial products is not performed; and wherein there is no display of any material or products. A laboratory shall meet the same performance standards as nonnuisance industry.
- Animals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.
- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
- LOT AREA
- The gross horizontal area between the lot lines adjusted as follows:
- A. No more than 10% of the lot area may consist of land with slopes equal to or greater than one foot vertical in three feet horizontal, land underwater more than three months of the year and land in easements precluding construction of buildings.
- B. No more than 10% of the lot area may be comprised by land with a horizontal dimension between boundary lines of 50 feet or less.
- C. Lot area consisting of soils classified by the United States Soil Conservation Service as alluvial, poorly drained, very poorly drained or unstable shall be considered as counting for .75 square feet of lot area for each 1.0 square foot of gross lot area.
- D. In any Conservation or Agricultural District, the minimum size of the lot for a dwelling in existence since May 11, 1977, and conveyed for use as a dwelling need not exceed one acre per dwelling unit except to the extent required for an approved septic system.[Added 7-24-1991 by L.L. No. 1-1991]
- LOT, CORNER
- A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135º. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135º.
- LOT DEPTH
- The minimum distance from the street line of a lot to the rear lot line of such lot.
- LOT LINE
- Any boundary of a lot other than a street line.
- LOT LINE, REAR
- The lot line generally opposite to the street line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.
- LOT WIDTH
- The average distance between side lot lines from the front yard or building line and measured at right angles to the side lot lines or along a line parallel to the street, to the rear lot line or line conforming to the lot depth, whichever results in a lesser average.
- MAIN FLOOR
- The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.
- Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged in quantity.
- MANUFACTURING, LIGHT
- Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled such that no chemical or compressive processes are required and whose finished size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds per unit.
- MEDICAL AND DENTAL CLINIC
- Any facility in which two or more physicians and/or dentists practice cooperatively for the diagnosis and treatment of patients.
- MOBILE HOME
- A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length or, when erected on site, is 320 or more square
feet and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein.[Added 7-10-1996 by L.L. No. 4-1996]
- MOTOR LODGE
- Any establishment consisting of a building or group of buildings
providing living and/or sleeping accommodations with individual bathrooms
and designed for use by transient automobile travelers and provided
with accessory off-street parking areas. The term "motor lodge" includes
buildings designated as tourist courts, overnight cabins and other
similar appellations, but shall not be construed to include a trailer
or mobile home.[Amended 7-10-1996 by L.L. No. 4-1996]
- NONCONFORMING BUILDING
- Any building which contains a use permitted in the district
in which it is located but does not conform to the district regulations
for lot area, width or depth; front, side or rear yards; maximum height;
lot coverage; or minimum livable floor area per dwelling unit.[Amended 11-14-2001 by L.L. No. 8-2001]
- NONCONFORMING USE
- Any use of a building or structure, lot or land, or part thereof, lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the use regulations of this chapter for the district in which it is located.
- OFFICIAL MAP
- The Official Map adopted and established by the Town Board of that part of the town outside of the limits of any incorporated village, showing the streets, highways, parks and drainage systems laid out on such map, including any references to more detailed maps and studies. The Official Map is final and conclusive with respect to the location and width of streets, highways, drainage systems and parks shown thereon, and the Official Map is hereby declared to be established to conserve and protect the public health, safety and general welfare.
- OWNERSHIP, SAME
- Includes all vested or contingent interests of any person or his or her agent, representative, successor or assignee, and irrespective of whether or not such interest is recorded, in the following circumstances:
- A. Direct ownership by such person or his or her child, parent, sibling or spouse of sibling, heir or next of kin or agent, corporation, firm, entity, partnership or unincorporated association.
- B. Property owned by different corporations, firms, partnerships, entities or unincorporated associations in which such a person is a stockholder, a partner or associate or his or her child, parent, sibling or spouse of sibling, heir or next of kin owns a ten-percent or greater interest in each corporation, firm, partnership, entity or unincorporated association.
- C. When such person or his or her estate, successors, or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of Eden, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
- PARKING AREA
- A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other consideration.
- PARKING SPACE
- A stall or berth which is arranged and intended for parking of one motor vehicle in a garage or parking area.
- Any individual, firm, company, association, society, corporation or group.
- PERSONAL SERVICE SHOP
- Any commercial facility in which the product offered is the work or action performed, as in shoe repair shops and typewriter repair facilities.
- PLANNED UNIT DEVELOPMENT
- A development in accordance with a single plan for compatible
land uses and the placement of buildings which may not correspond
to the bulk, yard and height regulations of this Code.[Added 11-14-2001 by L.L. No. 8-2001]
- PRINCIPAL BUILDING
- A building in which is conducted the main or principal use of the lot on which said building is located. Where more than one use is on a lot, the lower or more intense use of the lot shall be considered the principal use.
- QUARRY AND EXCAVATION OPERATIONS
- Any place where stone, sand, gravel, minerals or other natural material, except topsoil, is removed for the purpose of sale or any other commercial purpose, other than such as may be incidental to excavating or regrading in connection with or in anticipation of building development or landscaping on the site.
- Replacement or renewal, excluding additions, of any part
of a building, structure, device, or equipment, with like or similar
materials or parts, for the purpose of maintenance, preservation or
restoration of such building, structure. device or equipment.[Added 11-14-2001 by L.L. No. 8-2001]
- RESIDENT PROFESSIONAL OFFICE
- Any gainful professional occupation conducted within the dwelling in a residential district by the residents thereof, clearly secondary to the use of the dwelling for living purposes, and that does not change the character of the structure as a residence. Not more than one nonresident may be employed as an assistant or associate, and only occupations which are of recognized professions, including medicine, law, dentistry, engineering, architecture, community planning, landscape architecture, land surveying, accounting, insurance, real estate, teachers of music, art or dance (limited to not more than four students at one time) or photography, shall be permitted.
- SCHOOL OF SPECIAL INSTRUCTION
- Any nonpublic school conducting a regularly scheduled comprehensive curriculum of study and operated by nonstock corporations under the Education Law of the State of New York.
- SEWER AND WATER
- Sewage disposal and water supply systems designed and constructed to standards required for municipally operated systems and approved by the Town Board.
- Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement, for commercial purposes or otherwise. A sign includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency, educational, charitable, philanthropic, civic, professional, religious or like (political) campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.
- SIGN AREA
- Includes all faces of a sign measured as follows:
- A. When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
- B. When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
- SIGN WALL AREA
- The area of a building wall fronting on a street, not including doors and windows.
- SOLID WASTE
- Useless, unwanted or discarded material with insufficient liquid content to be free flowing.
- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
- A street, improved to the satisfaction of the Planning Board, which is one of the following: an existing town, county or state highway or street; a street shown on an approved subdivision final plat; a street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions; or a street shown on the Official Map of the town.
- STREET LINE
- The line between the street and a lot or a line established by the Official Map as the street right-of-way, whether or not in public ownership.
- STRUCTURAL ALTERATION
- Any change in the supporting members of a building, such as beams, columns or girders.
- A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, gates, posts, capitals, pillars,
billboards and display signs.[Amended 11-14-2001 by L.L. No. 8-2001]
- SUMMER COTTAGE or BUNGALOW
- A single-family detached dwelling which is arranged, designed and intended to be used or occupied only during the period or part of the period from April 1 to December 1 in any year.
- SWIMMING POOL, PRIVATE
- Any constructed body of water or structure to contain water and any accessory buildings or equipment pertaining thereto used or intended to be used for swimming or bathing by any family or persons residing on the premises and their guests. It shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling thereon, to a membership club or to a motel or hotel.
- SWIMMING POOL, PUBLIC
- Any constructed body of water or structure to contain water and any accessory buildings or equipment pertaining thereto which are operated for profit or gain and are used or intended to be used for swimming or bathing by persons who pay admission on a daily, weekly or other basis, including season tickets.
- TOPOGRAPHICAL ALTERATION
- Any change in the configuration of a surface area, including
its relief, relative elevations and position of natural or man-made
features, excepting those changes incidental to or normally part of
agricultural operations or home gardening. In all cases, removal of
trees over eight inches in diameter measured three feet above the
ground shall be considered a topographical alteration.[Amended 3-24-1999 by L.L. No. 1-1999]
- Any vehicle mounted on wheels movable either by its own power
or by being drawn by another vehicle and equipped to be used for living
or sleeping quarters and designed to be used for travel or camping
purposes. This definition is intended to include recreational vehicles.[Added 7-10-1996 by L.L. No. 4-1996]
- TURNAROUND, FULL
- A driveway on a single lot by which vehicles can completely
turn around so that the vehicles need not back onto the adjoining
highway.[Added 7-24-1991 by L.L. No. 1-1991]
- USABLE OPEN SPACE
- An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the buildings on said lot for purposes of active or passive outdoor recreation.
- The specific purpose for which land or a building is used or a building is used or occupied or maintained.
- USE, ACCESSORY
- A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building.
- YARD, FRONT
- An unoccupied ground area fully open to the sky between the street line, or the street line established by the Official Map of the town or an approved subdivision plat, and a line drawn parallel thereto.
- YARD LINE
- A line drawn parallel to a street or lot line at a distance therefrom equal to the representative yard dimension required by this chapter.
- YARD, REAR
- An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
- YARD, SIDE
- An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards.
Editor's Note: The former definitions of "trailer or mobile home," "trailer court" and "trailer sales lot," which immediately followed this definition, were deleted 7-10-1996 by L.L. No. 4-1996.