As used in this chapter the following terms
shall have the meanings indicated:
A.
Word usage.
(1)
All words used in the present tense include the future
tense.
(2)
All words in the plural number include the singular
number, and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
(3)
The word "person" includes an association, partnership
or corporation.
(4)
Unless otherwise specified, all distances shall be
measured horizontally.
(5)
The word "building" includes the word "structure."
(6)
"Lot" includes the word "plot," "parcel" or "tract."
(7)
The word "premises" includes a lot and all buildings
or structures thereon.
(8)
"To erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
(9)
"Used" shall be deemed also to include "designed,
intended or arranged to be used or occupied."
(10)
"Shall" is mandatory and not discretionary.
B.
AGRICULTURAL/CONSTRUCTION EQUIPMENT REPAIRS AND PAINTING OPERATIONS
BOARD OF APPEALS
BUILDING DEPARTMENT
CLERK OF THE BOARD
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
CONSERVATION BOARD
DEPARTMENT OF HEALTH
DEVELOPMENT OFFICE
DEVELOPMENT OFFICE ADMINISTRATOR
ENERGY CODE
ENVIRONMENTAL CONSERVATION BOARD
OPEN SPACE INDEX, TOWN OF FARMINGTON
PLANNING BOARD
SECRETARY OF THE BOARD
TOWN
TOWN BOARD
TOWN CLERK
TOWN LAW
ZONING ENFORCEMENT OFFICER
Administrative terms defined.
The activities of making repairs to and the painting of equipment
used in providing agricultural activities and construction equipment
used in development. The term does not include the sale, rental or
resale of these types of equipment.
[Added 3-22-2022 by L.L. No. 3-2022]
The Zoning Board of Appeals of the Town of Farmington.
The department of the Town charged by the Town Board with
the enforcement of laws regulating the erection, construction, or
alteration of buildings and structures. The Department administers
the receiving and processing applications for building permits, appeals
of interpretations, variances, scheduling inspection appointments,
providing information and assistance to applicants and the public,
coordinating Project Review Committee (PRC) meetings, coordinating
pending applications for approvals by the Planning Board and the Zoning
Board of Appeals, scheduling and administrating inspections associated
with site development and maintaining records on all site development.
[Added 9-26-2023 by L.L. No. 8-2023]
The officials appointed by the Town Board to take meeting
minutes of all Planning Board, Zoning Board of Appeals, Environmental
Conservation Board, Recreation Advisory Board and Agriculture Advisory
Committee meetings and resolutions acted upon, that are filed with
the Town Clerk's office. Upon request of the Town Board or the Director
of Planning and Development, said officials may also serve as the
Clerk of Advisory Committees created by the Town Board. Said officials
may be required to prepare meeting notices, legal notices, take attendance
at meetings, circulate draft resolutions, certify the meeting minutes
and resolutions, prepare abstracts as requested by Town staff, keep
tapes of said public meetings and prepare memos for the Chairpersons
of said Boards or Committees. Any salary for said position(s) shall
be established by the Town Board.
[Added 9-26-2023 by L.L. No. 8-2023]
The official appointed by the Town Board pursuant to § 74-1 of the Farmington Town Code.
[Added 12-12-2000 by L.L. No. 1-2000; amended 10-24-2006 by L.L. No. 7-2006]
The official(s) appointed by the Town Board pursuant to § 74-1 of the Farmington Town Code and shall include the Code Enforcement Officer and all Assistant Code Enforcement Officers.
[Added 10-24-2006 by L.L. No. 7-2006]
The Conservation Board of the Town of Farmington.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Town.
The office which provides direction over land use planning,
management of natural resources, buildings and other permit and site
development actions. The office coordinates the review of pending
applications for approvals by the Town Board, the Planning Board,
and the Zoning Board of Appeals. The office prepares legal notices,
posts meeting agendas and draft resolutions to be acted upon. The
office coordinates the review of all incentive zoning applications
and drafts resolution for the Town Board and Planning Board. Provides
Town documents for all State Environmental Quality Review (SEAR) classifications
and determinations of significance for all projects submitted to the
Town Board, Planning Board, or Zoning Board of Appeals.
[Added 9-26-2023 by L.L. No. 8-2023]
The administrative duties of the person(s) receiving applications
for building permits, appeals, variances, scheduling inspection appointments,
providing information and assistance to applicants and the public,
coordinating Project Review Committee (PRC) agendas and meetings,
coordinating pending applications for approvals by the Planning Board
and the Zoning Board of Appeals, preparing legal notices, posting
agendas and draft resolutions to be acted upon, and maintaining property
records on all site development.
[Added 9-26-2023 by L.L. No. 8-2023]
The New York State Energy Conservation Construction Code,
as currently in effect and as hereafter amended from time to time.
[Added 10-24-2006 by L.L. No. 7-2006]
The Environmental Conservation Board, first established by the Town Board in October 1970 as the Town of Farmington Conservation Advisory Council under the provisions of § 239-x of the New York State General Municipal Law, then in March 1976 redesignated as the Town of Farmington Conservation Board under the provisions of § 239-y of the New York State General Municipal Law. Said Board is now identified as the Town of Farmington Environmental Conservation Board having duties and responsibilities identified in Chapter 9, Article III, of the Town Code of the Town of Farmington.
[Added 9-26-2023 by L.L. No. 5-2023]
The document prepared by the Town of Farmington Environmental
Conservation Board and adopted by the Town of Farmington Town Board,
in accordance with the provisions contained in § 239-y of
the New York State General Municipal Law, that contains descriptions
and delineations of the natural resources and the areas where they
are located within the Town, including federal, state and local regulations
that are in effect for protecting these open areas.
[Added 9-26-2023 by L.L. No. 5-2023]
The Planning Board of the Town of Farmington.
The Clerk of the Board as defined above herein.
[Added 9-26-2023 by L.L. No. 8-2023]
The Town of Farmington in Ontario County, New York.
The Town Board of the Town of Farmington.
The Town Clerk of the Town of Farmington.
The Town Law of the State of New York.
The official designated and appointed by the Town Board to
enforce the provisions of this chapter. The term includes the Zoning
Inspector.
[Amended 1-25-2022 by L.L. No. 2-2022]
As used in this chapter, the following terms
shall have the meanings indicated:
The process of providing and managing access to and from
public roads while preserving the flow of traffic in terms of safety,
capacity and speed.
[Added 8-11-1998 by L.L. No. 4-1998]
The term applied to a building or use which is customarily
incidental and subordinate to and serves a principal building or principal
use; is subordinate in area, extent or purpose to the principal building
or principal use served; contributes to the comfort, convenience or
necessity of occupants of the principal building or principal use;
and is located on the same zoning lot as the principal building or
principal use.
An accessory use or structure serving or being used in conjunction
with a telecommunications facility or tower and located on the same
lot as the telecommunications facility or tower. Examples of such
structures include utility or transmission equipment, storage sheds
or cabinets, security fence and guys and anchors.
[Added 4-22-1997 by L.L. No. 3-1997]
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
not more than one person per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting
or describing of specified sexual activities or specified anatomical
areas.
[Added 8-27-1996 by L.L. No. 2-1996]
[Added 8-27-1996 by L.L. No. 2-1996]
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental, for any
form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion picture, video cassettes or video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which
are designed for use in connection with specific sexual activities.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specific sexual activities or
specified anatomical areas and still be categorized as "adult bookstore"
or "adult video store" so long as one of its principal business purposes
is the offering for sale or rental, for consideration, the specified
materials which depict or describe specified sexual activities or
specified anatomical areas. For purposes of this definition, "principal
business purpose" shall mean 20% or more of any of the following:
The number of different titles or kinds of such
merchandise.
The number of copies or pieces of such material.
The amount of floor space devoted to the sale
and/or display of such merchandise.
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
A nightclub, bar, restaurant or similar commercial establishment
which features:
[Added 8-27-1996 by L.L. No. 2-1996]
Persons who appear in a state of nudity; or
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
Any entertainment involving the exposure of human buttocks,
genitals or the full female breast.
[Added 4-26-1994 by L.L. No. 2-1994]
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 8-27-1996 by L.L. No. 2-1996]
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
[Added 8-27-1996 by L.L. No. 2-1996]
A public or private establishment, or any part thereof, which
presents any of the following entertainment, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcade; adult bookstores or adult video stores; adult cabarets;
adult motion-picture theaters; adult theaters; escort agencies; nude
model studios and sexual encounter centers. Adult use entertainment
establishments customarily exclude minors by reason of age.
[Added 8-27-1996 by L.L. No. 2-1996]
The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. As this term is used in this chapter, reference must also be made to the definition of "agricultural practices" contained in § 117-3 of the Right to Farm Life Law of the Town of Farmington, as that definition shall further define "agricultural activity" herein.
[Added 10-9-2007 by L.L. No. 6-2007]
The use of a parcel of land for gain in the raising and production
of crops, livestock, poultry, dairy products, nursery products or
horticultural plants.
Any area of land designed for the regular use of airborne
craft, including private airstrips as well as public or commercial
hangars, terminals and landing strips.
The change or rearrangement in the supporting
members of a building or structure, such as bearing walls, columns,
beams or girders, or in the exit facilities.
An enlargement of a building or structure, whether
by extending on a side or by increasing in height.
The moving from one location or position to
another.
Any alteration whereby a structure is adapted
to another or different use.
Community benefits such as open space, housing for persons
of low or moderate income, parks, trails, sidewalks, elder care, day
care or other specific physical, social, or cultural amenities, or
cash in lieu thereof, or benefit to the residents of the community
authorized by the Town Board.
[Added 9-26-2023 by L.L. No. 8-2023]
An animal kept primarily for a person's company or entertainment;
examples include but are not limited to dog, cat, rabbit, guinea pig,
hamster, and goldfish and excludes all farm animals.
[Added 4-27-2021 by L.L.
No. 12-2021]
Animals raised as part of an agricultural activity to produce
commodities such as meat, eggs, milk, fur, leather and wool. Examples
include but are not limited to horses, cattle, swine, poultry, sheep,
goats and excludes all domestic animals.
[Added 4-27-2021 by L.L.
No. 12-2021]
A system of electrical conductors that transmit or receive
radio frequency signals. The frequency of these signals generally
range from 10 hertz to 300,000 megahertz. Such signals shall include
but not be limited to radio, television, cellular, paging, personal
communication systems (PCS) and microwave communications. All antennas
used in one function shall be considered as one antenna.
[Added 4-22-1997 by L.L. No. 3-1997]
Telecommunications facilities which utilize existing towers,
buildings or other structures for placement of antenna(s) and which
do not require construction of a new tower.
[Added 4-22-1997 by L.L. No. 3-1997]
A building arranged, intended or designed to be occupied
by three or more families living independently of each other, but
having common hallways and entrances.
Two or more apartment buildings located on a lot.
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 10-9-2007 by L.L. No. 6-2007]
A story partly underground and having more than 1/2 its height
above the average level of the finished grade adjoining the building.
A use incidental to and located within an owner-occupied
residence that accommodates no more than six rental units, with or
without meals, for compensation.
[Added 12-12-2000 by L.L. No. 1-2000]
A dwelling, other than a hotel, motel or lodging house, where
more than two persons are housed or lodged for hire with or without
meals.
Strips of land area covered with grass, vegetation, trees,
fencing, embankments or berms designed to separate or screen one zoning
district or use from another zoning district or use or from a highway.
The portion of a lot remaining after required yards have
been provided.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity.
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings. Such areas
shall be computed by using outside dimensions measured on a horizontal
plane at ground level.
The vertical dimension measured from the average elevation
of the finished grade level adjoining the exterior walls of the building
to the highest point of the roof for flat roofs, to the deckline of
a mansard roof and to the average height between the plate and ridge
of a gable, hip or gambrel roof.
A solar PV system that is designed and constructed as an
integral part of a principal or accessory building. Components of
a building-integrated system are designed to replace or substitute
for architectural or structural elements of a building and generally
complement, blend with or form part of a building's architectural
appearance. Such components will generally maintain a uniform plane
with and/or form a part of the walls, window openings, roofing and/or
other building elements into which they are integrated. Such a system
is used in lieu of a separate solar PV system where components of
the system are designed and attached to a building independent of
building architecture. A building-integrated system may occur within
vertical facades, replacing view glass, spandrel glass or other facade
material, with semitransparent skylight systems, within roofing systems,
replacing traditional roofing materials, or within other building
envelope systems.
[Added 9-26-2017 by L.L.
No. 6-2017]
A line formed by the intersection of a horizontal plane that
coincides with the exterior surface of the building on any side. In
case of a cantilevered surface of a building, the vertical plane will
coincide with the most projected surface, excluding steps and porches,
open to light, air and visibility up to 10 feet wide.
[Amended 8-24-1982 by L.L. No. 1-1982]
A solar PV system that is attached to the roof of a building.
[Added 9-26-2017 by L.L.
No. 6-2017]
A building or buildings in which is conducted the main or
principal use of the lot on which said building(s) is situated.
An organization or enterprising entity engaged in commercial,
limited industrial, or professional activities that provides employment
opportunities and broadens the tax base.
[Added 1-25-2022 by L.L. No. 2-2022]
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy of travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes designed
for year-round occupancy or as a place of residence.
A shelter for vehicles or personal storage with a roof and
one or more open sides, that can be built against the side of a dwelling
or freestanding on a parcel of land.
[Added 4-27-2021 by L.L.
No. 12-2021]
A structure designed for washing and/or cleaning of motor
vehicles which may include self-service and coin-operated machines
or which may include a structure in which a vehicle is towed through
a building or structure by a mechanical device, passing through a
series of cycles, including but not limited to washing, rinsing, liquid
waxing and drying.
[Added 12-12-2000 by L.L. No. 1-2000]
A story partly or entirely underground and having more than
1/2 its clear height below the average level of the finished grade
adjoining the building.
A certificate issued pursuant to § 74-5 of the Town Code.
[Added 10-24-2006 by L.L. No. 7-2006]
An official finding signifying that a parcel of land, building
or structure is being used in a lawful manner with respect to the
provisions of this chapter.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 10-9-2007 by L.L. No. 6-2007]
Any vertical structure enclosing a flue or flues that carries
off exhaust from an outdoor furnace, an outdoor wood-burning furnace
or an outdoor wood-fired hydronic heating unit.
[Added 12-23-2008 by L.L. No. 4-2008]
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
cooper azole or pentachlorophenol.
[Added 3-22-2011 by L.L. No. 1-2011]
Any activity that removes the vegetative surface cover.
[Added 10-9-2007 by L.L. No. 6-2007]
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club.
The initial start-up of the combustion chamber of a new outdoor
wood boiler after all piping and electrical connections between the
new outdoor wood boiler and the structure(s) it serves have been completed.
[Added 3-22-2011 by L.L. No. 1-2011]
An organization or enterprising entity involving or relating
to the buying and selling of goods that provides opportunities and
broadens the tax base.
[Added 1-25-2022 by L.L. No. 2-2022]
A group of commercial enterprises or business or professional
offices in one or more buildings which share common public entrances
with the majority of the commercial enterprises or business or professional
offices fronting an interior hallway, walkway or mall.
[Added 12-12-2000 by L.L. No. 1-2000]
A group of businesses and commercial enterprises, limited
industrial and professional activities in one or more buildings located
upon a parcel of land and sharing a common parking lot with each enterprise
that has an outside public entrance to a building.
[Added 12-12-2000 by L.L. No. 1-2000; amended 1-25-2022 by L.L. No. 2-2022]
A new outdoor wood boiler with a thermal output rating greater
than 250,000 British thermal units per hour (Btu/h).
[Added 3-22-2011 by L.L. No. 1-2011]
The Town of Farmington, Ontario County, New York.
[Added 3-23-2004 by L.L. No. 3-2004]
Open space, housing for persons of low or moderate income,
parks, elder care, day care or other specific physical, social or
cultural amenities, or cash in lieu thereof, of benefit to the residents
of the community, as authorized by the Town Board.
[Added 3-23-2004 by L.L. No. 3-2004]
A order issued by the Code Enforcement Officer or personnel pursuant to § 74-13 of the Town Code.
[Added 10-24-2006 by L.L. No. 7-2006]
The document entitled “Town of Farmington Comprehensive
Plan,” prepared pursuant to the provisions of § 272-a
of New York Town Law and as may be amended from time to time by the
Town Board.
[Added 3-23-2004 by L.L. No. 3-2004]
Units and buildings as defined by Article 9-B of the Real
Property Law of the State of New York, entitled "Condominium Act,"
as the same may be amended from time to time. All definitions in said
Condominium Act are incorporated herein by reference. They are a form
of ownership of units which may be built in residential, Apartment
or Townhouse Districts, or nonresidential units which may be built
in Restricted Business, Industrial and Commercial Districts.
[Added 8-14-1990 by L.L. No. 3-1990]
An area containing environmentally sensitive features, including,
but not necessarily limited to, open marshlands, swamps, ponds, wetlands,
steep slopes, glacial features, mature woodlands, flood hazard zones,
stream corridors or other hydrological features. The term may also
be referred to as "Natural Resource Area."
[Added 9-26-2023 by L.L. No. 5-2023]
A map or maps identifying open areas within the Town which
are earmarked for protection, including, but not limited to, open
areas that are required by federal or state legislation to be set
aside from development out of subdivision plats or site plans, publicly
owned open areas, open areas preserved by nonpublic organizations
and open areas having conservation, historical or scenic significance.
[Added 9-26-2023 by L.L. No. 5-2023]
A building or lot available to the public and operated for
commercial gain which is used for the retail sales of personal service
items, including but not limited to groceries, beverages (including
those further regulated by the State Liquor Authority), tobacco products
and health and beauty items. As used in this chapter, the term also
means "minimart."
[Added 12-12-2000 by L.L. No. 1-2000]
A building or lot available to the public and operated for
commercial gain which is used for the retail sales identified above
as a convenience store and the dispensing of petroleum and/or other
fueling products to the general public.
[Added 12-12-2000 by L.L. No. 1-2000]
The removal and disposal of all solar panels, solar energy equipment, structures, equipment and accessories, including subsurface foundations and all other material, concrete, wiring, cabling, or debris, installed in connection with a large-scale ground-mounted (PV) solar system and the restoration of the parcel of land to the original state prior to construction on which the large-scale ground-mounted system is built to either of the following, at the landowner's sole option: i) the condition such lands were in prior to the development, construction and operation of a large-scale ground-mounted (PV) solar system, including but not limited to restoration, regrading and reseeding; or ii) the condition designed by the landowner(s) and the Town. Details of the approved decommissioning activities and costs are described in the decommissioning plan and decommissioning agreement as provided for in Chapter 165, Article VI, Special Permit Uses, § 165-84.3, Large-scale ground-mounted solar (PV) systems.
[Added 1-25-2022 by L.L. No. 2-2022]
A written agreement between an applicant, landowner and the
Town that sets forth the obligations of the applicant and/or landowner
to properly decommission the large-scale ground-mounted (PV) solar
system when such system has been determined by the Town Code Enforcement
Officer to be discontinued, abandoned, or inoperable.
[Added 1-25-2022 by L.L. No. 2-2022]
The deliberate appropriation of property by its owner for
general public use.
[Added 10-9-2007 by L.L. No. 6-2007]
The New York State Department of Environmental Conservation.
[Added 10-9-2007 by L.L. No. 6-2007]
The most recent version of the New York State Stormwater
Management Design Manual, including applicable updates, that serve
as the official guide for stormwater management principles, methods
and practices.
[Added 10-9-2007 by L.L. No. 6-2007]
A person who undertakes land development activities.
[Added 10-9-2007 by L.L. No. 6-2007]
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. Agricultural practices (see definition in § 117-3B of Chapter 117, Right To Farm, of the Town Code) are not to be considered development except when any such action or activities that are defined therein affect land lying within an area of special flood hazard.
[Added 12-12-2000 by L.L. No. 1-2000]
Any entrance or exit used by vehicular traffic to or from
land or buildings abutting a road.
[Added 8-11-1998 by L.L. No. 4-1998]
A driveway providing vehicular access between two or more
contiguous lots.
[Added 8-11-1998 by L.L. No. 4-1998]
A driveway connecting two or more contiguous lots to the
public road system.
[Added 8-11-1998 by L.L. No. 4-1998]
A building or portion thereof designed and used as the living
quarters for one or more families or for individuals. The term "dwelling"
shall not be deemed to include a motel, hotel, boardinghouse, bed-and-breakfast,
travel trailer or recreational vehicle.
[Amended 12-12-2000 by L.L. No. 1-2000]
Buildings containing only one or two dwelling units and with
three or more buildings attached to each other by party walls without
openings. Side yards shall be required only at the ends of rows of
"attached dwellings." The term "attached dwelling" is intended to
apply to row houses, townhouses, patio houses and other forms with
three or more buildings so attached to each other.
A residential building having two side yards.
A group of two or more single-family, two-family or multiple-family
dwellings occupying a lot in one ownership and having any yard in
common.
A factory-built residential dwelling unit designed to be
occupied as a single-family dwelling, complete and ready for occupancy
except for minor and incidental unpacking and assembly operations
and placement on an approved foundation and connections to utilities.
Manufactured dwellings must be built after July 15, 1976, and shall
meet the National Manufactured Home Construction Safety Standards
as set forth by the United States Department of Housing and Urban
Development (HUD) and applicable standards of the New York State Uniform
Fire Prevention and Building Code (Uniform Code). This definition
specifically does not include so called "modular home" where the chassis
upon which the unit or part of a unit transported is not a part of
the structure of the unit itself. This definition specifically includes
"single-wide," "double-wide" and "triple-wide" units which have been
issued said HUD seal and further includes "mobile homes" as that term
is used elsewhere throughout this Code. A travel trailer shall not
be considered a manufactured dwelling unit or a residential designed
manufactured home.
[Amended 12-12-2000 by L.L. No. 1-2000]
A detached residential dwelling unit designed for transportation
after fabrication on streets or highways on its own wheels or on flatbed
or other trailers, and arriving at the site where it is to be occupied
as a dwelling complete and ready for occupancy except for minor and
incidental unpacking and assembly operations, location on jacks or
other temporary or permanent foundations, connections to utilities
and the like. A travel trailer is not to be considered as a mobile
home.
A residential building designed for or occupied by three
or more families living independently of each other, with the number
of families in residence not exceeding the number of dwelling units
provided.
A detached residential dwelling unit other than a mobile
home, designed for and occupied by one family only.
A detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
A building or portion thereof providing housekeeping facilities
for a single family.
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site
restoring it, to the greatest extent practical, to its original use.
[Added 9-26-2017 by L.L.
No. 6-2017]
The most recent version of the "New York Standards and Specifications
for Erosion and Sediment Control" manual, commonly known as the "Blue
Book."
[Added 10-9-2007 by L.L. No. 6-2007]
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
[Added 8-27-1996 by L.L. No. 2-1996]
A person or business association who furnishes, or offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
[Added 8-27-1996 by L.L. No. 2-1996]
The erection, construction, alteration or maintenance by
public utilities, as they may be defined from time to time by the
courts, or any governmental department or commission of underground
or overhead gas, electrical or water transmission, distribution, supply
or disposal systems, including poles, wires, drains, sewers, pipes,
conduits, cables, towers, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith; or personal wireless telecommunications transmitting facilities
reasonably necessary for the furnishing of adequate service by such
public utility, municipality or other governmental agency for the
public health, safety or general welfare.
[Amended 4-22-1997 by L.L. No. 3-1997]
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
An outdoor wood furnace that was purchased and installed
prior to the effective date of this chapter, or any amendments thereto.
[Added 12-23-2008 by L.L. No. 4-2008]
Any number of individuals living together as a single housekeeping
unit occupying a single housekeeping unit, using rooms and housekeeping
facilities in common, having meals prepared on the premises and usually
eating such meals together on the premises. The term includes persons
related by blood, marriage or other legally recognized means.
[Amended 12-12-2000 by L.L. No. 1-2000]
Any parcel of land which is used primarily for agricultural or farming activities. It includes necessary farm structures and the storage of equipment used. It is a parcel of land where Agricultural Practices (see definition in § 117-3B of Chapter 117, Right To Farm, of the Town Code) are conducted.
[Amended 12-12-2000 by L.L. No. 1-2000]
Soils designated by the U.S. Department of Agriculture Natural
Resources Conservation Service (NRCS) in the Soil Survey Geographic
Database on Web Soil Survey that are of statewide importance to produce
food, feed, fiber, forage and oilseed crops as determined by the appropriate
state agency or agencies.
[Added 1-25-2022 by L.L. No. 2-2022]
Soils designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service Soil Survey
Geographic Database that have the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber and
oilseed crops and are also available for these uses. It has the soil
quality, growing season, and moisture supply needed to produce economically
sustained high yields of crops when treated and managed according
to acceptable farming methods, including water management. In general,
prime soils have an adequate and dependable water supply from precipitation
or irrigation, a favorable temperature and growing season, acceptable
acidity or alkalinity, acceptable salt and sodium contents, and few
or no rocks. They are permeable to water and air. Prime soils are
not excessively erodible or saturated with water for a long period
of time, and they either do not flood frequently or are protected
from flooding.
[Added 1-25-2022 by L.L. No. 2-2022]
A structure of wood, masonry, wire mesh or other material
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property, erected for the purpose of assuring privacy or protection.
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
finished grade level.
The trunks and branches of trees and bushes but does not
include leaves, needles, vines or brush smaller than three inches
in diameter.
[Added 8-14-2007 by L.L. No. 3-2007]
An approved lot having less lot frontage for the access road
or private drive than otherwise normally required for the zoned district,
but in no instances less than 20 feet in lot frontage, that provides
access to the interior portion of the flag lot which contains the
minimum lot area requirements for said district. The access portion
of the flag lot shall not be considered buildable and may not be used
in calculation of the minimum lot area requirements or in determining
required setbacks in relation to the property line and the front of
the dwelling for the zoned district.
[Added 12-12-2000 by L.L. No. 1-2000]
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exterior
walls or from the center line of walls separating two buildings. For
the purpose of applying the requirements for off-street parking and
loading in the case of offices, merchandising or service types of
uses, "gross floor area" shall not include areas used principally
for nonpublic purposes such as storage or rest rooms, fitting or alteration
rooms or general maintenance.
The sum of the gross horizontal areas of the several floors
of a building designed and intended for dwelling purposes, excluding
cellars, unheated breezeways, garages and porches. All dimensions
shall be measured between the interior bases of the exterior walls.
The extent of a lot along a public street measured along
the joint boundary line between a lot and street right-of-way.[1]
[Added 12-12-2000 by L.L. No. 1-2000]
The line of the lot closest to the street corresponding with
or approximately parallel to the street providing access to the lot,
according to the street address.[2]
[Added 12-12-2000 by L.L. No. 1-2000]
A system used to group public roads into classes according
to their purpose in moving vehicles and providing access to abutting
properties.
[Added 8-11-1998 by L.L. No. 4-1998]
The accessory structure associated with dwelling units used
primarily for shelter for private passenger vehicles and no space
therein is leased to a nonresident of the premises.
[Amended 12-12-2000 by L.L. No. 1-2000]
A structure for the storage of automobiles, recreational
vehicles, trucks or trailers and the storage of vehicles not in operating
condition, provided that such vehicles are completely stored within
an enclosed building or area completely obscured from view from adjacent
properties, each stored vehicle shall contain a valid license plate
or being stored under the direction of a law enforcement or insurance
agency provided further that there may be dispensing of petroleum
products on the premises for such vehicles.
[Amended 12-12-2000 by L.L. No. 1-2000]
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 1-25-2022 by L.L. No. 2-2022]
Excavation or fill of material, including the resulting conditions
thereof.
[Added 10-9-2007 by L.L. No. 6-2007]
A solar PV system, including its specialized solar racking
or other mounting system, which is installed on the ground and not
attached to any other structure.
[Added 9-26-2017 by L.L.
No. 6-2017]
A ground-mounted solar PV system that has a system capacity
greater than 25kW or generates more than 110% of the kWh's of electricity
consumed over the previous twelve-month period by land use(s) existing
on the lot or parcel of land where the system is located. In applying
this standard, electricity consumption shall be determined by submission
of utility bills showing electric usage over said twelve-month period.
[Added 9-26-2017 by L.L.
No. 6-2017]
A ground-mounted solar PV system that is limited to a system
capacity of 25 kW or generates no more than 110% of the kWh's of electricity
consumed over the previous twelve-month period by land use(s) existing
on the lot or parcel of land where the system is located. In applying
this standard, electricity consumption shall be determined by submission
of utility bills showing electric usage over said twelve-month period.
[Added 9-26-2017 by L.L.
No. 6-2017]
A building containing medical offices that provide for the
treatment of humans. The term shall include "urgent care facility."
[Added 2-26-2013 by L.L. No. 2-2013]
Any home occupation that is not a minor home occupation.
[Added 12-22-2009 by L.L. No. 6-2009[3]]
Any home occupation that:
[Added 12-22-2009 by L.L. No. 6-2009[4]]
Involves no employee other than persons residing on the premises;
and
Shows no visible evidence (including signage or outdoor storage
of any product) from the exterior of the dwelling unit; and
Generates no additional traffic and no need for off-street parking
beyond the customary needs of the occupants of the dwelling unit;
and
Uses no equipment which would not customarily be used by the
occupants of the single-family dwelling unit; and
Is conducted entirely inside the principal dwelling unit on
the premises; and
Involves:
No retail sales where the public visits the premises to purchase;
and
No exterior display or storage of goods, materials, equipment,
or inventory; and
No other activities requiring a permit; and
No noise other than that which is customarily generated by the
occupants of the dwelling unit; and
No vehicles larger than a four-wheel truck and/or a four-wheel
trailer, unless said vehicle is stored within a completely enclosed
building during nonbusiness hours; and
No internal or external alterations or construction features
or use of mechanical equipment not customary in a dwelling and that
the entrance to the space devoted to such occupation shall be only
from within the dwelling; and the lesser of 15% or 350 square feet
of gross floor area of the principal dwelling unit.
A building or buildings containing at least 10 units intended
or designed to be used or which are used, rented or hired out to be
occupied by transient guests without stipulated agreement as to the
duration of their stay, who are supplied with and charged for lodging,
lodging and meals and/or such other services as are incident to the
use of such place as a temporary abode for persons who have their
residences elsewhere. Each unit shall contain not less than 240 square
feet of living space.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
[Added 5-25-2010 by L.L. No. 5-2010]
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 10-9-2007 by L.L. No. 6-2007]
Adjustments by the Town Board to the permissible population's density, area, height, open space, use, or other provisions of Chapter 165 of the Town Code of the Town of Farmington for a specific purpose authorized by the Town Board.
[Added 9-26-2023 by L.L. No. 8-2023]
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries that regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 10-9-2007 by L.L. No. 6-2007]
The process of percolating stormwater into the subsoil.
[Added 10-9-2007 by L.L. No. 6-2007]
A lot, land or structure or part thereof where junk, waste,
discarded or salvaged materials are bought, sold, exchanged, sorted,
baled, packed, disassembled, handled or abandoned, including automobile
or other vehicle or machinery wrecking or dismantling yards, house
wrecking yards, used lumber yards, places or yards for storage of
salvaged house wrecking and structural steel materials and equipment;
or where two or more unregistered motor vehicles no longer intended
or in condition for legal use on the public highways are held, whether
for the purpose of resale of used parts therefrom, for the purpose
of reclaiming for use some or all of the materials therein or for
the purpose of disposing of the same for any other purpose. The term
"junkyard" shall not include pawnshops and establishments for the
sale, purchase or storage of used furniture, household equipment and
clothing or for processing of used, discarded or salvaged materials
as part of manufacturing operations.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
[Added 10-9-2007 by L.L. No. 6-2007]
Any premises on which four or more dogs four months old or
older are kept or dogs are bred and/or boarded.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 9-26-2017 by L.L.
No. 6-2017]
A unit of energy equivalent to one kilowatt of power expended
for one hour of time.
[Added 9-26-2017 by L.L.
No. 6-2017]
Construction activity, including clearing, grading, excavating,
soil disturbance or placement of fill, that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale, even though multiple separate and distinct
land development activities may take place at different times on different
schedules.
[Added 10-9-2007 by L.L. No. 6-2007]
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
[Added 10-9-2007 by L.L. No. 6-2007]
Those areas on a site plan that are planted, seeded or provide
similar vegetative and landscaped cover, which may include site detention/retention
ponds.
[Added 12-12-2000 by L.L. No. 1-2000]
An organization or enterprising entity involving or relating
to the research, manufacturing, assembly or distribution of a product,
and may involve the buying and selling of goods, that provides employment
opportunities, broadens the tax base and/or provides services to the
public.
[Added 1-25-2022 by L.L. No. 2-2022]
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles when required off-street parking spaces
are filled. Required off-street loading space is not to be included
as off-street parking space in the computation of required off-street
parking area.
A building in which three or more rooms are rented for sleeping
purposes and in which no meals are furnished.
Consists of a space adequate for parking vehicles for a period
of time longer than seven consecutive days which is located on the
same lot to which it is related.
[Added 4-27-2021 by L.L.
No. 12-2021]
A parcel of land considered as a unit, devoted to a certain
use and occupied or capable of being occupied by a building or group
of buildings that are united by common interest or use and the customary
accessories and open spaces belonging to same.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating "lot area."
A parcel of land at the junction of and fronting on two or
more intersecting streets.
That percentage of the lot area which is devoted to building
area.
Notwithstanding the definition of lot coverage found elsewhere
in the Town Code, for the purpose of regulations pertaining to solar
PV systems, lot coverage shall also include the area covered by a
solar panel (or physically connected group of panels) as measured
on a horizontal plane projected from the perimeter of said panel (or
group of panels) vertically to the ground. For panels where the tilt
angle is adjusted by week, month, season or other time period, lot
coverage shall be determined by the tilt angle producing the greatest
lot coverage.
[Added 9-26-2017 by L.L.
No. 6-2017]
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
The front of a lot shall be construed to be the portion between
the front building line and the street line except for a through lot.
For the purposes of determining yard requirements on through lots,
the yard where the driveway access to the principal structure is located
shall be considered the front yard. The yard opposite the front yard
of a through lot shall be known as the rear yard portion of a through
lot. The setback for the rear yard portion of a through lot shall
be the minimum setback for all other adjacent buildings located in
the same zoning district and measured from the street line.
[5]
[Amended 10-9-2007 by L.L. No. 4-2007]
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.[6]
LOT LINE, REARThe lot line opposite and most distant from the front lot line, except for corner lots and through lots, where it shall be as described in the definition of the term "yard, rear" contained in this section.
[Amended 10-9-2007 by L.L. No. 4-2007]
LOT LINE, SIDEAny lot line other then a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the office of the County Clerk, or a lot described by metes and bounds,
the description of which has been so recorded.
A lot located between the street lines of two or more streets
which are adjacent to said lot.
[Added 10-9-2007 by L.L. No. 4-2007]
The distance between the side lot lines measured along the front lot line, as listed in Chapter 165, Attachment 1, Town of Farmington Schedule 1, entitled "Lot Area, Bulk and Coverage Requirements," except in the case of lots located on the turning circle of a cul-de-sac, where the respective lot width requirement shall not apply and where said lot width requirement shall be determined by the Town Planning Board as part of subdivision plat approval.
[Amended 1-25-2022 by L.L. No. 2-2022]
A legally recorded document that acts as a property deed
restriction and which provides for long-term maintenance of stormwater
management practices.
[Added 10-9-2007 by L.L. No. 6-2007]
See "dwelling, manufactured."
[Added 12-12-2000 by L.L. No. 1-2000]
A contiguous parcel of privately owned land which is used
for the accommodation of three or more manufactured homes occupied
for year-round living.
[Added 12-12-2000 by L.L. No. 1-2000]
A grouping of separate storage spaces constructed within
a one-story building, each space not to exceed 300 square feet and
having its own separate outdoor access.
A parcel of land containing both conditioned and unconditioned
mini-warehouse space.
[Added 5-24-2022 by L.L. No. 4-2022]
A parcel of land within a mobile home park reserved for placement
of a mobile home for the exclusive use of site occupants.
A parcel of land under single ownership on which two or more
mobile homes are occupied as residences or which is planned and improved
for the placement of two or more mobile homes for nontransient residential
use.
That part of a mobile home lot which has been reserved for
the placement of a mobile home. The mobile home stand is derived from
the area of a mobile home lot which remains after all setbacks are
met.
A single-family dwelling or two-family dwelling composed
of two or more components, each of which was substantially assembled
in a manufacturing plant, and which, when combined on a foundation,
constitute a dwelling meeting the standards set forth in Part 1211
of the New York State Uniform Fire Prevention and Building Code.
[Added 12-12-2000 by L.L. No. 1-2000]
A hotel designed primarily for transient automobile travelers
and providing accessory off-street parking facilities and which may
include restaurant facilities and a dwelling unit for a bona fide
caretaker or operator. The term "motel" includes auto courts, tourist
courts, motor lodges and similar terms.
A lot or structure available to the public and operated for
commercial gain whose uses include but are not limited to the storage,
lubricating, washing, equipping, servicing, repair or modification
of motor vehicles, including but not limited to engine or transmission
repair; body or frame straightening or repair, exhaust repair, painting,
refinishing or undercoating; or installation or repair of tires, glass,
upholstery or radio or audio equipment.
[Added 12-12-2000 by L.L. No. 1-2000]
A lot or structure available to the public and operated for
commercial gain whose uses include but are not limited to the sale
of automotive fuels, oils or accessories, including lubrication, washing,
polishing or cleaning and the replacement or installation of parts
not defined under the definition of MOTOR VEHICLE REPAIR STATION.
[Amended 12-12-2000 by L.L. No. 1-2000]
The portion of the wind energy deriving tower that connects
the rotor to the support tower and houses the generator, gearbox,
drive train and braking system.
[Added 5-26-2009 by L.L. No. 2-2009]
A meter used to measure the flow of electricity from the
solar PV system to the electric utility grid for the purposes of net
metering.
[Added 9-26-2017 by L.L.
No. 6-2017]
An outdoor wood boiler that commences operation on or after
April 15, 2011.
[Added 3-22-2011 by L.L. No. 1-2011]
A building or structure existing at the date of enactment
of this chapter which in its design or location upon a lot does not
conform to the regulations of this chapter for the district in which
it is located.
A lot of record existing at the date of the enactment of
this chapter which does not have the minimum width, depth or area
for the district in which it is located.
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter which does not conform to
the use regulations of the district in which it is situated.
Any landowner except those on whose property all or a portion
of a wind energy facility is located or who has an agreement with
the facility owner or operator.
[Added 5-25-2010 by L.L. No. 5-2010]
Pollution from any source other than from any discernible,
confined and discrete conveyances, and shall include, but not be limited
to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
[Added 10-9-2007 by L.L. No. 6-2007]
An organization which has been designated by all appropriate
applicable state and federal agencies as a nonprofit agency or organization
and has possession of such certificate.
[Added 9-8-1998 by L.L. No. 6-1998]
A private wind energy conversion system (WECS) whose power
output serves an agricultural, commercial, industrial or institutional
use or building. For the purpose of this chapter, any private WECS
not meeting the requirements of a residential WECS shall be considered
a nonresidential WECS even if located within a residential zoning
district.
[Added 5-25-2010 by L.L. No. 4-2010]
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, or photographed, or similarly
depicted by other persons who pay money or any form of consideration.
[Added 8-27-1996 by L.L. No. 2-1996]
The appearance of human bare buttocks, anus, male genitals,
female genitals, or full male or female breasts.
[Added 8-27-1996 by L.L. No. 2-1996]
Any motorized vehicle designed for or capable of cross-country
travel on or immediately over land, water, snow, ice, marsh, swampland,
or other natural terrain.
[Added 4-27-2021 by L.L.
No. 12-2021]
A time of year when a particular activity is not engaged
in.
[Added 4-27-2021 by L.L.
No. 12-2021]
The acceptance by utilities of balancing out the total amount
of energy consumed from decentralized sources with the total amount
of energy stored on site by a solar PV system.
[Added 9-26-2017 by L.L.
No. 6-2017]
A wind energy conversion system consisting of a wind turbine,
tower or other mounting structure and associated control or conversion
electronics which has a rated capacity of no more than 15 kW for single-family
residential use only and no more than 125 kW for farming, commercial
and industrial land use applications, and the power generated from
which is not for resale to any other individual and/or commercial
entity.
[Added 5-25-2010 by L.L. No. 4-2010]
The combination of tower height plus blade length. All heights
are to be measured from the existing grade to the top of the highest
point of blade height (tip) as extended at its highest vertical point,
provided that the application includes specific evidence that the
proposed total height does not exceed the height recommended by the
manufacturer or distributor of the Onsite-use Wind Energy System.
[Added 5-25-2010 by L.L. No. 4-2010]
Any area characterized by natural scenic beauty or, whose
existing openness, natural condition, or present state of use, if
preserved, would enhance the present or potential value of abutting
or surrounding development or would establish a desirable pattern
of development or would offer substantial conformance with the Town's
planning goals and objectives or would maintain or enhance the conservation
of natural or scenic resources.
[Added 9-26-2023 by L.L. No. 5-2023]
The documented conservation open areas inventory maintained
by the Environmental Conservation Board and conservation open areas
map after acceptance by the Town Board. This term may also be known
as "Natural Resource Index."
[Added 9-26-2023 by L.L. No. 5-2023]
A permit issued pursuant to § 74-8 of the Town Code. The term “operating permit” shall also include an operating permit which is renewed, amended or extended pursuant to any provision of the Town Code.
[Added 10-24-2006 by L.L. No. 7-2006]
The entity responsible for the day-to-day operation and maintenance
of the wind energy farm facility.
[Added 5-25-2010 by L.L. No. 5-2010]
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat for a commercial or residential
heating system providing heat for any interior space.
[Added 8-14-2007 by L.L. No. 3-2007]
A fuel-burning device that is:
[Added 3-22-2011 by L.L. No. 1-2011]
Designed to burn wood or other fuels;
Specified by the manufacturer for outdoor installation or installation
in structures not normally occupied by humans; and
Used to heat building space and/or water via the distribution,
typically through pipes, or a gas or liquid (e.g., water or water/antifreeze
mixture) heated in the device.
An outdoor wood furnace may also be known as an "outdoor
furnace," an "outdoor wood boiler" or an "outdoor wood-fired hydronic
heating unit."
[Added 12-23-2008 by L.L. No. 4-2008]
A mechanism used to limit the speed of blade rotation to
below the design limits of a wind energy conversion system.
[Added 5-25-2010 by L.L. No. 5-2010]
Any parcel of land owned or used by the Town of Farmington,
designated as parkland by the Town Board and devoted to active or
passive recreation under the jurisdiction of the Town of Farmington
Parks Department and/or administered by the Town Recreation Advisory
Board.
[Added 4-27-2021 by L.L.
No. 12-2021]
Consists of a space adequate for parking an automobile, with
room for opening doors on both sides, together with properly related
access to a public street and maneuvering room, and located on a lot
with the land use to which it is related.
Any landowner on whose property all or a portion of a wind
energy farm facility is located or who has an agreement with the facility
owner or operator.
[Added 5-25-2010 by L.L. No. 5-2010]
The person or his or her designated agent to whom a building
permit has been issued.
[Added 10-24-2006 by L.L. No. 7-2006]
Any written authorization issued by or under the authority
of the Town Board or the Town Clerk, permitting the performance of
a specified act or acts or the conduct of a particular function, program
or activity, on Town-owned land, parkland, trails or conservation
area.
[Added 4-27-2021 by L.L.
No. 12-2021]
An individual, corporation, limited-liability company, partnership,
limited partnership, business trust, estate, trust, association, or
any other legal or commercial entity of any kind or description.
[Added 10-24-2006 by L.L. No. 7-2006]
Any parcel of land, including any structure or structures
thereon, that is used or designed to be used for the supply of petroleum
and/or other fueling products for the propulsion of vehicles. Also
included in this definition is the dispensing of alternative sources
of energy to include, but not be limited to, electric, propane and
natural gas.
[Added 12-12-2000 by L.L. No. 1-2000]
Clearing a parcel of land in distinct pieces or parts with
the stabilization of each piece completed before the clearing of the
next.
[Added 10-9-2007 by L.L. No. 6-2007]
An integrated and coordinated development of a tract of land
under single ownership or control which includes two or more principal
buildings and is developed in accordance with the regulations prescribed
under provisions of this chapter.
Sediment or a water quality measurement that addresses sediment
(such as total suspended solids, turbidity or siltation) and any other
pollutant that has been identified as a cause of impairment of any
water body that will receive a discharge from the land development
activity.
[Added 10-9-2007 by L.L. No. 6-2007]
A building in which is conducted the main or principal use
of the lot on which said building is located.
[8]The main or primary purpose for which a building, structure
or lot is to be used.
A land development activity.
[Added 10-9-2007 by L.L. No. 6-2007]
The words "public buildings and grounds," as used in this
chapter, are intended to designate any one or more of the following
uses, including grounds and accessory buildings necessary for their
use:
Churches, places of worship, parish houses and
convents.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary
schools, colleges or universities having a curriculum approved by
the Board of Regents of the State of New York.
Golf courses and country clubs when occupying
not less than 50 acres, not including, however, clubs whose activities
include the maintenance, storage or takeoffs or landings of aircraft.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety
buildings.
Proprietary or not-for-profit hospitals for
the care of human beings, nursing homes, convalescent homes, homes
for adults, homes for the aged or residences for adults as the same
are defined under the Public Health Law or the Social Services Law
of the State of New York, provided that they are duly licensed by
the State of New York.
Not-for-profit membership corporations established
for cultural, social or recreational purposes.
Recreational facilities, either for profit or
not for profit, such as swimming, tennis, platform tennis, racquetball,
bowling, hockey, ice skating, roller skating or other active indoor
or outdoor sports.
Day-care centers approved by the New York State
Department of Social Services.
Adult day-care centers.
[Added 1-24-1989 by L.L. No. 1-1989]
An enclosed bin, container or structure held out to the public
for the collection of donated clothing, household items, toys or other
goods that are then collected by a religious, governmental, scientific,
literary, sporting, educational or charitable organization and used
for the advancement of said organization.
[Added 12-22-2009 by L.L. No. 6-2009]
The minimum number of driveways, direct or indirect, necessary
to provide safe and efficient access to and from a public road.
[Added 8-11-1998 by L.L. No. 4-1998]
The replenishment of underground water reserves.
[Added 10-9-2007 by L.L. No. 6-2007]
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
The basic entities are:
TRAVEL TRAILERA vehicular portable unit mounted on wheels, of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and of a body width of no more than eight feet and a body length of no more than 32 feet when factory-equipped for the road.
CAMPING TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
TRUCK CAMPERA portable unit designed to be loaded onto or affixed to the bed or chassis of a truck. Truck campers are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
An arrangement with the electric utility that allows for
the kilowatt hours (kWH) generated from a solar PV system located
at a specific site to be credited towards kWh of consumption at a
different location.
[Added 9-26-2017 by L.L.
No. 6-2017]
Any temporary storage space for a vehicle waiting for service or admission. Such space shall be in addition to drives, aisles or parking space required by § 165-37 of this chapter. One reservoir space shall be 20 feet long and eight feet wide.
An individual who principally lives in a dwelling in the
Town of Farmington.
A new outdoor wood boiler that has a thermal output rating
of 250,000 Btu/h or less.
[Added 3-22-2011 by L.L. No. 1-2011]
Includes all uses for living units, regardless of the form
of ownership.
A private wind energy conversion systems (WECS) whose power
output serves a residence as defined herein.
[Added 5-25-2010 by L.L. No. 4-2010]
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state and whose design, method of operation or any portion of whose
business includes one or both of the following characteristics:
Foods, frozen desserts or beverages are served
directly to the customer in a motor vehicle either by carhop or by
other means which eliminate the need for the customer to exit the
motor vehicle.
The consumption of foods, frozen desserts or
beverages within a motor vehicle parked upon the premises or at other
facilities on the premises outside the restaurant building is allowed,
encouraged or permitted.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to
consume state either for consumption within the restaurant building
or for carry-out with consumption off the premises and with said products
served in edible containers or in paper, plastic or other disposable
containers.
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to
consume state and whose design or principal method of operation includes
one or both of the following characteristics:
Customers, normally provided with an individual
menu, are served their foods, frozen desserts or beverages by a restaurant
employee at the same table or counter at which said items are consumed.
A cafeteria-type operation where foods, frozen
desserts or beverages generally are consumed within the restaurant
building.
Sale to the ultimate consumer for direct consumption or use
and not for resale.
The line determining the street or highway limit of public
ownership.
A way for vehicular traffic, whether designated as a "street,"
"highway," "thoroughfare," "parkway," "through-way," "avenue," "boulevard,"
"lane," "cul-de-sac" or "place," or otherwise designated, and including
the entire area within the right-of-way.
[Added 8-11-1998 by L.L. No. 4-1998]
A public or private road, auxiliary to and normally located
parallel to a public road with controlled access, that provides access
to lots adjacent to the controlled access facility.
[Added 8-11-1998 by L.L. No. 4-1998]
Retail outlets, with all related structures, for the sale
of farm produce grown on the farm upon which such stand is located;
provided, however, that produce which has not been grown on the farm
upon which the stand is located may be sold at such a stand.
A large-scale roof-mounted solar (PV) system is prohibited
from being mounted upon the roof of any legally permitted building
or structure and wholly contained within the limits of the roof surface,
intended to produce energy for on-site consumption or credit for on-site
consumption for a building, a single-family detached dwelling, a multifamily
structure, a commercial or industrial building, or a farm building.
[Added 1-25-2022 by L.L. No. 2-2022]
A small-scale roof-mounted solar (PV) system mounted upon
the roof of any legally permitted building or structure and wholly
contained within the limits of the roof surface, intended to produce
energy for on-site consumption or credit for on-site consumption for
a building, a single-family detached dwelling, a multifamily structure,
a commercial or industrial building, or a farm building.
[Added 1-25-2022 by L.L. No. 2-2022]
See "boardinghouse."
An apparatus capable of receiving communications from a transmitter
or transmitter relay located in planetary orbit.
[Added 8-13-1985 by L.L. No. 2-1985]
Measures that prevent eroded sediment from leaving the site.
[Added 10-9-2007 by L.L. No. 6-2007]
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
[Added 8-27-1996 by L.L. No. 2-1996]
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs and habitats for threatened,
endangered or special-concern species.
[Added 10-9-2007 by L.L. No. 6-2007]
The horizontal distance between the street, rear or side
lines of the lot and the front, rear or side lines of the building.
All measurements shall be made at right angles to or radially from
the lot lines to the building lines. "Setbacks from street lines to
building lines" are defined as front setbacks; "setbacks from side
lot lines" are side setbacks; "setbacks from rear lot lines" are rear
setbacks.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
[Added 8-27-1996 by L.L. No. 2-1996]
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, escort agency, nude model studio,
or sexual encounter center.
[Added 8-27-1996 by L.L. No. 2-1996]
The visible flicker effect when rotating turbine blades cast
shadows on the ground and/or nearby structures causing the repeating
pattern of light and shadow.
[Added 5-25-2010 by L.L. No. 5-2010]
Two or more separate commercial enterprises which are located
in a single building, or two or more buildings developed as part of
a single integrated development with a common architectural design.
Any structure, part thereof, or device attached thereto or
painted or represented thereon, or any material or thing, illuminated
or otherwise, which displays or includes any numeral, letter, word,
model, banner, emblem, insignia, device, trademark, logo, or other
representation used as or in the nature of an announcement, advertisement,
direction or designation of any person, firm, group, organization,
place, commodity, product, service, business, profession, enterprise
or industry which is located upon any land, or on any building; provided,
however, that the following shall not be included in the application
of the regulations herein:
[Amended 4-27-2021 by L.L. No. 12-2021]
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants or premises
or other identification of premises not having commercial connotations.
Flags and insignia of any government except when displayed in
connection with a commercial promotion.
Legal notices, identification, informational or directional
signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
Signs directing and guiding traffic and parking on private property
but bearing no advertising matter.
Any sign which directs attention to a business, principal
commodity, service or entertainment conducted, sold or offered elsewhere
than upon the premises where the sign is located and only incidentally
on the premises if at all.
The area of a sign consisting of the entire surface of any
regular geometric form or combinations of regular geometric forms
comprising all of the display area of the sign and including all of
the elements of the matter displayed, but excluding supporting or
structural members not bearing advertising matter.
Any visual message incorporated into an awning attached to
a building.
[Added 9-8-1998 by L.L. No. 6-1998]
An outdoor advertising sign, structure or symbol erected
and maintained by an individual or corporation engaged in the sale
or rental for profit of space thereon, having more than 100 square
feet of display surface and which is either erected on the ground
or attached to or supported by a building or structure.
An accessory sign which directs attention to a business,
profession or industry conducted upon the premises on which the sign
is located, or to a primary product, commodity or service sold by
such business, profession or industry.
Any sign that identifies or pertains to a commercial enterprise
or a product, commodity or service offered on the site.
[Added 9-8-1998 by L.L. No. 6-1998]
A sign on which the visual message may be periodically changed.
[Added 9-8-1998 by L.L. No. 6-1998]
A sign limited to providing information as to the location
of a business, activity or event.
[Added 9-8-1998 by L.L. No. 6-1998]
A listing of two or more business enterprises, consisting
of a matrix and sign components.
[Added 9-8-1998 by L.L. No. 6-1998]
Any sign not attached to or part of any building but separate
and permanently affixed by any other means in or upon the ground.
Included are pole signs and pylon signs constructed of wood, masonry
materials or any other material.
[Added 9-8-1998 by L.L. No. 6-1998]
A sign supported by a pole, uprights or braces placed in
or on the ground.
In all cases, the height of the sign refers to the distance
measured from the top of the sign to the ground directly under the
sign.
[Added 9-8-1998 by L.L. No. 6-1998]
Any sign identifying an occupation conducted in a dwelling unit or in a structure that is accessory to a dwelling unit as authorized in this Chapter 165 of the Town Code.
[Added 9-8-1998 by L.L. No. 6-1998]
Any sign which has characters, letters, figures, designs
or outline illuminated by electric lights, neon or luminescent tubing.
Any sign, other than a commercial speech sign, as defined
herein which is used to attract attention to a site. Such sign(s)
shall include, but not be limited to, political campaigns, public
safety, religious, charitable or other signs which convey messages
protected by court decisions involving "freedom of speech" -type signs.
[Added 9-8-1998 by L.L. No. 6-1998]
A sign unrelated to a business, use, commodity or service
sold or offered upon the premises where such sign is located.
[Added 9-8-1998 by L.L. No. 6-1998]
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally or permanently attached
to the ground, a building, a structure or another sign.
[Added 9-8-1998 by L.L. No. 6-1998]
Any sign which is attached to a building or other structure
beyond the surface of that portion of the building or structure to
which the sign is attached and not parallel to the face of the building.
Any sign which is used to offer property for sale, lease
or rent. The term includes "open For inspection" signs commonly used
in such transactions.
[Added 9-8-1998 by L.L. No. 6-1998]
A three-dimensional sign built to physically represent the
object advertised.
[Added 9-8-1998 by L.L. No. 6-1998]
The supports, uprights, bracing, framing, mountings and framework
for a sign. In the case of a sign structure consisting of two or more
sides in which the angle formed between any two sides or the projections
thereof exceeds 30º, each side will be considered a separate
sign structure.
[Added 9-8-1998 by L.L. No. 6-1998]
The entire area within a single, continuous perimeter enclosing
all elements which form an integral part of the sign. The structure
supporting the sign shall be excluded unless the structure is designed
in such a manner as to form an integral background for the display.
One side of a double-faced sign shall be used to calculate the total
surface or area of such a sign.
[Added 9-8-1998 by L.L. No. 6-1998]
Any sign, banner or other advertising device constructed
of temporary material, with or without structural frames, intended
for a limited period of display.
Any sign which advocates or suggests to the reader that they
vote for or against, endorse, or not endorse, contribute or not contribute
to, or otherwise support or refrain from supporting in any way, any
proposition to be voted upon by the public or any individual seeking
election or appointment to a particular position or office. The term
shall also include any sign which declares or affirms support or endorsement
for any proposition to be voted on by the public or individual seeking
election or appointment to a particular position or office. Temporary
political signs may be placed on a parcel of land up to 30 days prior
to a scheduled election and shall be removed within 48 hours after
said election.
[Added 4-27-2021 by L.L.
No. 12-2021]
A sign which is painted on or attached to the outside wall
of a building with the face of the sign parallel to such wall and
not extending more than 15 inches from the face of such wall.
[Added 9-8-1998 by L.L. No. 6-1998]
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material, or located inside
in such a manner to be viewed from outside, but not to include graphics
in connection with customary window display of goods or products.
[Added 9-8-1998 by L.L. No. 6-1998]
A plan, to scale, showing uses and structures proposed for
a parcel of land, including lot lines, streets, existing and proposed
buildings and structures, topography, rights-of-way, parking areas,
open space and any other information deemed necessary by the Planning
Board.
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 250 kW and which is intended to
primarily reduce on-site consumption of a public utility electricity
provider.
[Added 5-26-2009 by L.L. No. 2-2009]
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
[Added 9-26-2017 by L.L.
No. 6-2017]
A large, flat piece of equipment containing photovoltaic
cells that use the sun's light or heat to create electricity.
[Added 9-26-2017 by L.L.
No. 6-2017]
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and other related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building mounted, ground mounted or building
integrated.
[Added 9-26-2017 by L.L.
No. 6-2017]
Electrical energy devices, material, hardware, inverters,
or other electrical equipment and conduit, not to include any type
of battery energy storage system or similar device, that are used
with a solar photovoltaic (PV) system to produce and distribute electricity.
[Added 1-25-2022 by L.L. No. 2-2022]
The vertical angle, where 0° minimum tilt means the tilt
of the solar panel is lying flat and 90° maximum tilt means that
the solar panel is vertical.
[Added 1-25-2022 by L.L. No. 2-2022]
An area or room that is enclosed within the building thermal
envelope and is directly or indirectly heated or cooled using fossil
fuel or electricity as the energy source. Spaces are indirectly heated
or cooled where they communicate through openings with conditioned
spaces, where they are separated from conditioned spaces by uninsulated
walls, floors or ceilings, or where they contain uninsulated ducts,
piping or other sources of heating or cooling using fossil fuel or
electricity.
[Added 5-24-2022 by L.L. No. 4-2022]
An area or room that is enclosed within the building not
meeting the definition of "conditioned space."
[Added 5-24-2022 by L.L. No. 4-2022]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to developers of construction activities to
regulate disturbance of one or more acres of land.
[Added 10-9-2007 by L.L. No. 6-2007]
A permit under the New York State Pollutant Discharge Elimination
System (SPDES) issued to municipalities to regulate discharges from
municipal separate storm sewers for compliance with EPA-established
water quality standards, and/or to specify stormwater control standards.
[Added 10-9-2007 by L.L. No. 6-2007]
The male genitals and/or the vulva or more intimate parts
of the female genitals.
[Added 8-27-1996 by L.L. No. 2-1996]
Any of the following:
[Added 8-27-1996 by L.L. No. 2-1996]
The use of practices that prevent exposed soil from eroding.
[Added 10-9-2007 by L.L. No. 6-2007]
A building in which any horses are kept for remuneration,
hire or sale.
An order issued, in compliance with § 74-4 of the Code of the Town of Farmington, which requires that all construction activity on a site be stopped.
[Added 10-24-2006 by L.L. No. 7-2006; amended 10-9-2007 by L.L. No. 6-2007]
The placement of materials, goods or product within a fully
enclosed building located upon a lot.
[Added 12-20-2005 by L.L. No. 4-2005]
The use of a lot, which is not being used for active agricultural
operations, for the temporary storage of materials, goods or product,
outside of a fully enclosed building, trailer, structure or container.
[Added 12-20-2005 by L.L. No. 4-2005]
That portion of a building facing the front yard portion
of a lot which is used for permitted and special permitted uses within
a respective zoning district.
[Added 12-20-2005 by L.L. No. 4-2005]
Rainwater, surface runoff, snowmelt and drainage.
[Added 10-9-2007 by L.L. No. 6-2007]
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals or toxicants than are found in typical
stormwater runoff, based on monitoring studies.
[Added 10-9-2007 by L.L. No. 6-2007]
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
[Added 10-9-2007 by L.L. No. 6-2007]
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 10-9-2007 by L.L. No. 6-2007]
The Code Enforcement Officer, the Construction Inspector
and the Highway Superintendent of the Town of Farmington, who have
the power and authority to accept and review stormwater pollution
prevention plans, forward the plans to the applicable municipal board
and inspect stormwater management practices.
[Added 10-9-2007 by L.L. No. 6-2007]
Measures, either structural or nonstructural, that are determined
to be the most effective, practical means of preventing flood damage
and preventing or reducing point source or nonpoint source pollution
inputs to stormwater runoff and water bodies.
[Added 10-9-2007 by L.L. No. 6-2007]
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
[Added 10-9-2007 by L.L. No. 6-2007]
Flow on the surface of the ground, resulting from precipitation.
[Added 10-9-2007 by L.L. No. 6-2007]
That portion of a building included between the surface of
the floor and the ceiling next above it, having a vertical distance
of at least seven feet six inches along the studs forming each of
the exterior walls. Each story above the first story must have an
area equal to at least 2/3 that of the first story. The first story
is the lowest story which is 75% or more above the average level of
the ground adjacent to said building.
That portion of a building next under a gable, hip or gambrel
roof, having a vertical distance between the floor and horizontal
ceiling of at least seven feet six inches, except that for habitable
space under a sloping roof the minimum height above at least 50% of
such floor area shall be seven feet six inches and the area where
the height is less than five feet shall not be considered in computing
required floor area.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
gasoline and oil tanks, buildings, mobile homes, fences and billboards.
The increase in floor area occupied by a sexually oriented
business by more than 20% of the floor area of an existing structure
as it exists on the effective date of the Town of Farmington Zoning
Local Law of 1980.
[Added 8-27-1996 by L.L. No. 2-1996]
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York, and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons, which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water, which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
[Added 10-9-2007 by L.L. No. 6-2007]
The largest area of the wind energy conversion system which
extracts energy from the wind stream. In a conventional propeller-type
WECS, there is a direct relationship between the swept area and the
rotor diameter.
[Added 5-25-2010 by L.L. No. 5-2010]
Any natural or artificial pool or structure which is designed
to contain water to a depth of more than two feet and has at least
one horizontal dimension of 12 feet or more. The term shall include
structures built either on, above or below the surrounding finished
grade.
Towers and/or antennas and accessory structures used in connection
with the provision of cellular telephone service, personal communications
services (PCS), paging services, radio and television broadcast services
and similar broadcast services which have been defined by the courts
to be essential services and structures.
[Added 4-22-1997 by L.L. No. 3-1997]
Provision of direct access to a road until that time when
adjacent properties develop, in accordance with a joint access agreement
or access road plan.
[Added 8-11-1998 by L.L. No. 4-1998]
A certificate issued pursuant to § 74-5 of the Town Code.
[Added 10-24-2006 by L.L. No. 7-2006]
An activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are structures incidental to new construction
which are to be removed after the completion of the construction work.
The heat value in Btu/h that a manufacturer specifies a particular
model of new outdoor wood boiler is capable of supplying at its design
capacity.
[Added 3-22-2011 by L.L. No. 1-2011]
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which employ camouflage technology.
[Added 4-22-1997 by L.L. No. 3-1997]
Includes any structure or use whether regulated by a governmental
agency or not, which transmits or receives information for profit
and cannot be considered for public use.
[Added 4-22-1997 by L.L. No. 3-1997]
A wind energy deriving structure, wind energy conversion
system or transmission facilities located on a parcel, lot or site.
[Added 5-26-2009 by L.L. No. 2-2009]
The height above grade of the fixed portion of the tower,
excluding the wind turbine itself.
[Added 5-25-2010 by L.L. No. 5-2010]
Includes any structure used for ham, television, radio, telephone
and similar transmitters and receivers used for private entertainment
and not-for-profit voluntary applications.
[Added 4-22-1997 by L.L. No. 3-1997]
Includes any structure or those necessary governmental uses
for the public safety and those uses which the courts have defined
as essential services. These uses are to comply with the current zoning
law affecting commercial towers.
[Added 4-22-1997 by L.L. No. 3-1997]
A single-family dwelling in a row of at least three such
units in which each unit has its own front and rear access to the
outside, no unit is located over another unit, and each unit is separated
from any other unit by one or more common fire-resistant wall(s).
[Added 12-12-2000 by L.L. No. 1-2000]
Any structure or equipment, other than a wind energy deriving
tower, related to the use and purpose of deriving energy from a wind
energy deriving tower or wind energy conversion system.
[Added 5-26-2009 by L.L. No. 2-2009]
An integrated coup of stores, shops and similar establishments
contained within a building or buildings, all of which may be deemed
to provide services to the traveling public including but not limited
to petroleum sales, motor vehicle repairs, restaurant, hair care,
laundry facilities, showers and personal care facilities, professional
offices related to the travel center, convenience store, etc. This
term shall also include a rest stop for truckers.
[Added 12-12-2000 by L.L. No. 1-2000]
See "recreational vehicle."
A parcel of land with buildings whose uses include but are
not limited to the providing of food, rest rooms, minor repairs, fueling
and telephone services primarily to commercial truck drivers. The
stop cannot be used for extended rest periods, laundry or major repairs
to trucks.
[Added 12-12-2000 by L.L. No. 1-2000]
A parcel of land with buildings used as a relay station for
the transfer of a load from one vehicle to another or one party to
another. The terminal cannot be used for permanent or long-term accessory
storage for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal, driver training and
support functions and washing and refueling of fleet vehicles.
[Added 12-12-2000 by L.L. No. 1-2000]
A parcel of land with buildings used as a relay station for
the transfer of a load from one vehicle to another or one party to
another. The terminal cannot be used for permanent or long-term accessory
storage for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal.
[Added 12-12-2000 by L.L. No. 1-2000]
The parts of an on-site-use wind energy system, including
the blades, generator and tail.
[Added 5-25-2010 by L.L. No. 4-2010]
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
[Added 5-25-2010 by L.L. No. 5-2010]
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
[Added 10-24-2006 by L.L. No. 7-2006]
Dry wood which has been milled and dried, but which has not
been treated or combined with any petroleum product, chemical, preservative,
glue, adhesive, stain, paint or other substance.
[Added 8-14-2007 by L.L. No. 3-2007]
A building used for the delivery of ambulatory care that
is dedicated to the delivery of medical care outside of a hospital
emergency department, usually on an unscheduled, walk-in basis. Urgent
care facilities are primarily used to treat patients who have an injury
or illness that requires immediate care but is not serious enough
to warrant a visit to an emergency department.
[Added 2-26-2013 by L.L. No. 2-2013]
A satellite signal which, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations or by way of cable television.
[Added 8-13-1985 by L.L. No. 2-1985]
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
or any activity, occupation, business or operation carried on or intended
to be carried on in a building or other structure or on a tract of
land.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which, if controlled
as to number, area, location or relation to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in a zoning
district as a special permit use only if specific provision for such
special permit use is made in this chapter.
A relaxation of the terms of this Zoning Chapter where such
variance will not be contrary to the public interest and where, owing
to conditions peculiar to the property and not the result of the actions
of the applicant, a literal enforcement of this chapter would result
in unnecessary and undue hardship.
Any vehicle propelled by power other than muscular power.
[Added 4-27-2021 by L.L.
No. 12-2021]
Any violation of the rules and regulations provided in this
chapter of the Town of Farmington Town Code shall be deemed a violation
as defined elsewhere in the New York State Penal Law.
[Added 4-27-2021 by L.L.
No. 12-2021]
An enclosed structure used exclusively for the indoor storage
of materials, goods or products which are in conjunction with a permitted
or special permitted use.
[9]
[Added 12-20-2005 by L.L. No. 4-2005]
An enclosed structure used exclusively for the temporary
indoor storage of personal materials and goods. The structure shall
contain multiple individual mini-warehouse units that are rented or
leased to the general public.
[Added 12-20-2005 by L.L. No. 4-2005]
A separate, fully enclosed portion of a mini-warehouse, with
its own exclusive entrance, that is rented or leased to an individual
for the purpose of storage of materials and goods.
[Added 12-20-2005 by L.L. No. 4-2005]
Constitutes any material temporarily or permanently discarded
or unwanted and not stored in a verminproof, sealed enclosure or structure
for subsequent disposal.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 10-9-2007 by L.L. No. 6-2007]
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 10-9-2007 by L.L. No. 6-2007]
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as a "wind turbine"). The WECS includes
all parts of the system except the tower and the transmission equipment;
the turbine may be on a horizontal or vertical axis, rotor or propeller.
[Added 5-26-2009 by L.L. No. 2-2009; amended 5-25-2010 by L.L. No.
5-2010]
Any tower facility, pole or other structure, whether attached
to a building, guyed or freestanding, designed to be used for the
support of a rotor that consists of blades and hub, as well as a nacelle
and generator for producing electricity.
[Added 5-26-2009 by L.L. No. 2-2009]
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
[Added 5-26-2009 by L.L. No. 2-2009]
Multiple, large-scale WECS sited upon a single parcel, or
adjacent parcels, designed to generate and sell electricity for off-premises
use or to a public utility company.
[Added 5-25-2010 by L.L. No. 5-2010]
The entity or entities having an equity interest in the wind
energy farm, including their respective successors and assigns.
[Added 5-25-2010 by L.L. No. 5-2010]
An electric-generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
[Added 5-25-2010 by L.L. No. 5-2010]
The combination of tower height plus blade length.
[Added 5-25-2010 by L.L. No. 5-2010]
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction.
[Added 5-25-2010 by L.L. No. 4-2010]
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle (a structure which houses all of the generating
components, gearbox, drive train, etc.), rotor, tower and pad transformer,
if any.
[Added 5-26-2009 by L.L. No. 2-2009; amended 5-25-2010 by L.L. No.
5-2010]
A required open space unoccupied and unobstructed by any
structure or portion of a structure, except as may be provided in
this chapter, from 30 inches above the finished grade level of the
lot upward, and situated between the principal building or group of
buildings and the nearest lot line.
A yard extending between the side lot lines across the front
of a lot adjoining a public street, situated between the street line
and the front building line.
A yard extending between the side lot lines, situated between
the rear line of the building and the rear lot line. In case of through
lots, the rear yard shall be that yard area directly between the rear
line of the building opposite the front of a lot and the required
setback from the street line that said rear yard portion is adjacent
to. In case of corner lots, the rear yard shall be that yard area
directly opposite the yard where the driveway access to the principal
structure is located.
[Amended 10-9-2007 by L.L. No. 4-2007]
A yard extending between the side building line and the nearest
side lot line, situated between the front and rear yards.
The system by which specific incentives or bonuses are granted, pursuant to this section, on condition that specific physical, social, or cultural benefits or amenities would inure to the community. Those adjustments to zoning district requirements listed in § 165-34.1 of Chapter 165, Incentive Zoning, of these regulations.
[Added 3-23-2004 by L.L. No. 3-2004]
A preliminary, nonbinding review by the Town Board of an
application for use of incentive zoning to determine the merits of
applying the incentive zoning concept to a particular project.
[Added 3-23-2004 by L.L. No. 3-2004]
An official finding that a planned use of a property, as
indicated by an application, complies with the requirements of this
chapter or meets special conditions of a variance or special use permit.
[2]
Editor's Note: See also the definition of "lot line, front," under the definition of "lot lines" in this § 165-10.
[3]
Editor's Note: This local law also superseded the former definition
of "home occupation."
[4]
Editor's Note: This local law also superseded the former definition
of "home occupation."
[7]
Editor's Note: The definition of "mobile home,"
which immediately followed this definition, was repealed 12-12-2000
by L.L. No. 1-2000.
[9]
Editor's Note: The former definition of "warehouse site, mini-"
which immediately followed this definition, was repealed 5-24-2022
by L.L. No. 4-2022. See now the definition of "mini-warehouse site."
