Except where specifically defined herein, all
words used in this chapter shall have their customary and ordinary
meanings. Words used in the present tense include the future, and
the plural includes the singular; the word "lot" includes the word
"plot"; the word "building" includes the word "structure"; the word
"shall" is intended to be mandatory; the words "occupied" or "used"
shall be construed as though followed by the words "or intended, arranged
or designed to be used or occupied."
As used in this chapter, the following words
shall have the following meanings unless the context or subject matter
otherwise requires:
A building or structure which is subordinate and incidental
to and located upon the same lot as the primary building/structure
or use, and which accessory building or structure is customarily used
as a subordinate and incidental structure to use primary building/structure
or use.
[Amended 3-7-2002 by L.L. No. 2-2002;
at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A subordinate use customarily incident to and located upon
the same lot occupied by the main building.
Customary nonresidential farm buildings including barns,
silos, storage sheds, corn cribs, grain bins, milk houses, animal
pens, and similar structures when used in connection with agricultural
activities.
A narrow service way providing a secondary public means of
access to abutting properties.
As applied to a building or structure, a change or rearrangement
of the structural parts of or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another.
Any change in the supporting members of a building such as
foundations, bearing walls, columns, beams or girders.
[1]A single dwelling unit within an apartment building.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A multiple dwelling with a common exterior entrance and a
common interior hallway containing entrances to individual apartments.
Apartment buildings may range from a single-story four-unit building
to a multistory building with many units.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
The total area within the property lines, excluding external
street rights-of-way.
Any place of storage or deposit, whether in connection with
another business or not, where two or more unregistered, old or secondhand
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, whether metal, glass, fabric or otherwise,
for the purpose of disposing of the same or for any other purpose;
such term shall include any place of storage or deposit for any such
purposes of used parts or waste materials from motor vehicles which,
taken together, equal in bulk two or more such vehicles; provided,
however, that the term "automobile wrecking yard" shall not be construed
to mean an establishment having facilities for processing iron, steel
or nonferrous scrap and whose principal produce is scrap iron, steel
or nonferrous scrap for sale for remelting purposes only.
See "garage, commercial."
Any building, land area or other premises used for the display
or sale of new or used automobiles, trucks, trailers or boats, but
not including any repair work other than warranty and other repairs
conducted as an accessory use on such premises.
A story partly below the average level of the adjoining ground
but having at least 1/2 of its height (measured from floor to ceiling)
above the average level of the adjoining ground.
A use incidental to, and located within, an owner-occupied
residence that accommodates for rent no more than four bedrooms, with
breakfast served each morning.
[Added 3-2-2023 by L.L. No. 4-2023]
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire, with or without meals.
A rooming house or a furnished rooming house shall be deemed a "boardinghouse."
(See also "lodging house.")
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
See "accessory building or structure."
A building surrounded by open space.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any one or more of the following, other than a hospital,
place of detention or school offering general instruction:
Type 1. Any area of land or water improved to
accommodate or on which are located two or more cabins, recreational
vehicles, shelters, houseboats or other facilities of a design or
character suitable for seasonal or other more or less temporary living
purposes, regardless of whether such structures or other facilities
actually are occupied seasonally or otherwise; or
Type 2. Any land, including any building thereon,
used for any assembly of persons for what is commonly known as "day
camp" purposes; and any of the foregoing establishments, whether or
not conducted for profit and whether or not occupied by adults or
by children, either as individuals, families or groups.[2]
As identified in the NYS Cannabis Law, an establishment which
involves the acquisition, possession, sale and delivery of cannabis
to consumers, and which is licensed by New York State as a cannabis
retail dispensary.
[Added 1-5-2023 by L.L. No. 1-2023]
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, and generally
for the convenience of the membership and purposes of such club.
[3]The Planning Board of Wayne County appointed by the Board
of Supervisors.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are available.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That percentage of the plot or lot area covered by the building
area.
A facility for the care of children as defined by Part 418
of the Regulations of the Department of Health of the State of New
York.
A structure used for the harboring of more than three dogs
that are more than six months old.
Any area reserved on any lot, plot, site or parcel of land
for the purpose of providing vehicular access from an access road
or state, county or Town highway to dwellings or other principal buildings
located on said lot, plot, site or parcel of land, to certain portions
of said dwellings or other principal buildings, to accessory buildings
or to complimentary parking spaces, the use of said area being limited
to residents or owners of said dwellings, to the occupants or owners
of such other principal buildings and to such other persons as may
be designated or permitted to use such area by the owners thereof.
A lot or land or part thereof used for the disposal, by abandonment,
dumping, burial or any other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts
thereof or waste material of any kind.
[4]A building which serves as the permanent living quarters
for one or more families or individuals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building or distinct portion thereof which provides complete
and independent permanent residential living quarters for single person,
family, or household unit, and which includes permanent provisions
for living, sleeping, eating, cooking and sanitation. Does not include
living quarters for transient guests, such as hotel rooms.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether four or more individuals are living together
as the functional equivalent of a traditional family, the following
criteria must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school.
Members of the household having the same address for the purposes
of voter registration, driver's licenses, motor vehicle registration
and filing of taxes.
Members of the household are employed in the area.
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units.
Common ownership of the furniture and appliances among the members
of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a commercial horse boarding
operation, a timber operation, compost, mulch or other biomass crops,
and commercial equine operation, all as further specified in the NY
Agriculture and Markets Law unless otherwise specified herein. Such
farm operation must comprise at least five acres, and may consist
of one or more parcels, which parcels shall be contiguous. Barns and
other buildings housing livestock shall be located at least 100 feet
from property lines.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Animals and fowl normally habitating on a farm, such as livestock,
including horses and ponies, bird of any kind, chickens, ducks, turkeys,
geese, guinea fowl, squabs, including any and/or other fowl kept for
meat or eggs, but specifically excluding dogs, cats and other domestic
animals and so-called exotic animals.
[Amended 6-5-2008 by L.L.
No. 3-2008]
The sum of the gross horizontal area of the several floors
of a building, excluding cellar and basement floor areas not devoted
to residential use and the area of roofed porches and roofed terraces.
The quotient of the floor area of a building divided by its
lot area.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein and that space therein for not more than one car is
leased to a nonresident of the premises.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubrication,
washing or otherwise servicing motor vehicles but not including the
painting thereof by any means.
The elevation of the center line of the streets as officially
established by the Town authorities.
The completed surfaces of lawns, walks or roads brought to
grade as shown on official plan or design relating thereto.
Grass or other planted vegetation used to stabilize soil
to prevent erosion.
[Added 2-3-2005 by L.L. No. 2-2005]
A facility for the care of children as defined by Part 417
of the Regulations of the Department of Health of the State of New
York.
Unless otherwise specified, shall be deemed to include sanitarium,
preventorium, clinic, rest home, nursing home, convalescent home and
any other place for the diagnosis, treatment or other care of human
ailments and shall be deemed to be limited to places for the diagnosis,
treatment or other care of human ailments.
An establishment for the medical and/or surgical care of
sick or injured animals.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied for sleeping
purposes by guests and where only a central kitchen and dining room
are provided within the building or in an accessory building.
Any portable or mobile vehicle used or designed to be used
for living or sleeping purposes. The term "trailer" shall include
such a vehicle if mounted on temporary or permanent foundations with
or without the wheels in place.
Any motor vehicles (whether automobile, bus, trailer, truck,
motor home, motorcycle or snowmobile, or any other device originally
intended for travel on public highways) which is unlicensed, wrecked,
discarded or dismantled and which is not intended or in any condition
for legal use upon the public highway. When referring to agricultural
vehicles or other special purpose vehicles (such as for hunting and
snowplowing), the term means any motor vehicle which is incapable
of motion under its own power.
A lot, land or structure or part thereof used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material;
or for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
Space within a dwelling unit utilized for living, sleeping,
eating, cooking, bathing, washing and/or sanitation purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A building in which three or more rooms are rented and in
which no table board is furnished. (See also "boardinghouse.")
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
A lot other than a corner lot.
Any line dividing one lot from another.
An interior lot having frontage on two parallel or approximately
parallel streets.
The distance between the side lot lines as measured along
the front building line as determined by the front yard requirements
prescribed by this chapter.
Vehicles typically used for recreation or considered recreational,
including boats and boat trailers, jet skis, travel trailers, pickup
campers or coaches (designed to be mounted on automotive vehicles),
motorized dwellings and RVs, tent trailers, ATVs, snowmobiles and
similar items/vehicles, and cases, boxes or trailers used for transporting
the same, whether occupied by such or not.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A factory-manufactured structure, transportable in one or
more sections, which is built on a permanent chassis and designed
to be used as a dwelling, with or without a permanent foundation,
constructed on or after June 15, 1976, and subject to the HUD Code.
This shall not include any self-propelled or tow-along recreational
vehicle. Manufactured homes designed for use as a single dwelling
unit shall additionally be permitted outside of a mobile home park
as a single-family dwelling, where and as single-family dwellings
are otherwise permitted, all as set forth herein, so long as constructed
on a permanent foundation and sufficient skirting is installed.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A factory-manufactured structure, transportable in one or
more sections, which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation, constructed
prior to June 15, 1976, and with or without a label certifying compliance
with NFPA, ANSI or a specific state standard. This shall not include
any self-propelled or tow-along recreational vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A tract of land where two or more mobile homes are parked
and occupied or which is used or held out for the purpose of supplying
to the public a parking space for two or more mobile homes.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, motor lodges, motor inns, etc.
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles for profit.
A building designed or used as three or more dwelling units.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Residential Building Code of New York State, Building
Code of New York State, Fire Code of New York State, Property Maintenance
Code of New York State, Plumbing Code of New York State, Mechanical
Code of New York State, Fuel Gas Code of New York State and Energy
Conservation Construction Code of New York State, which became effective
January 1, 2003.
[Added 2-3-2005 by L.L. No. 2-2005]
A building or structure lawfully existing at the time of
enactment of this chapter or any subsequent amendment which does not
conform to the regulations of the district or zone in which it is
situated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A use of land, building or structure lawfully existing at
the time of enactment of this chapter or any subsequent amendment
which does not conform to the regulations of the district or zone
in which it is situated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A school designed to provide daytime care or instructions
for four or more children from two to five years of age, inclusive,
and operated on a regular basis. This definition of "nursery school"
is intended not to include school-age child care, group family day-care
homes, family day-care homes and day-care centers as defined by Parts
414, 416, 417 and 418 of the Regulations of the New York State Department
of Health.
A facility regulated by the state and providing therein nursing
care to sick, invalid, infirm, disabled or convalescent persons in
addition to lodging and board.
A facility regulated by the state and operated for the purpose
of providing therein care to adult persons who, though not requiring
medical or nursing care, are in such condition by reason of age as
to require, in addition to lodging and board, personal services to
assure their safety and comfort.
As identified in the New York State Cannabis Law, an establishment
involving the consumption of cannabis on premises and licensed by
New York State as an on-site consumption site. The Town of Walworth
has opted out of on-site cannabis consumption sites. On-site cannabis
consumption sites are not permitted in the Town of Walworth.
[Added 1-5-2023 by L.L. No. 1-2023]
Any unoccupied space open to the sky on the same lot with
the building.
The area required for parking one automobile; for purposes
of this chapter, a "parking space" shall be an area 10 feet wide and
20 feet long, not including passageways.
A zoning district containing the Town Hall, Library and municipally
owned recreational facilities.
The Planning Board of the Town of Walworth appointed by the
Town Board.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA)
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP) shall be deemed qualified
solar installers for the purposes of this definition. Persons who
are not on the NYSERDA list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified if the Town
determines such persons have had adequate training to determine the
degree and extent of the hazard and the personal protective equipment
and job planning necessary to perform the installation safely. Such
training shall include the proper use of special precautionary techniques
and personal protective equipment, as well as the skills and techniques
necessary to distinguish exposed energized parts from other parts
of electrical equipment and to determine the nominal voltage of exposed
live parts.
[Added 8-6-2009 by L.L.
No. 4-2009]
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel or topsoil for sale, exclusive of the process
of grading a lot preparatory to the construction of a building for
which a building permit has been issued.
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A private hospital, whether or not such facility is operated
for profit.
The minimum depth or distance from the property line to a
structure or building on any lot or parcel, except when the depth
is measured from the front, back or side of any structure or building
which faces a street, then in that event, the depth shall be measured
from the edge of the right-of-way to the structure or building.
[Added 3-7-2002 by L.L. No. 2-2002]
Any portion of real property rented for compensation in exchange
for lodging for a period of not less than one day and not more than
30 consecutive days. For purposes of this chapter, the term "short-term
rental" shall not include a bed-and-breakfast, sites at a campground,
hotels, motels, or ongoing month-to-month tenancies.
[Added 3-2-2023 by L.L. No. 4-2023]
Any material, structure, or part thereof, or any device attached
to a structure or painted or represented thereon, composed of or upon
which is placed numbered, and/or lettered, graphical, pictorial, or
other matter for visual communication or display, when used or located
out-of-doors or on the exterior of any building or indoors as a window
sign, to display an advertisement, notice, directional matter, name,
or if otherwise utilized to direct or draw attention to a business
use. The term "sign" does not include signs erected and maintained
pursuant to and in discharge of any governmental function within this
political jurisdiction, or required by any law, ordinance, or governmental
regulation, or the flag or insignia of any nation or of any governmental
agency having jurisdiction over the Town of Walworth.
[Amended 8-16-2018 by L.L. No. 3-2018]
A building designed or used as a single dwelling unit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any material not larger than 24 square feet which is not
part of a building but may be attached or contiguous to a building.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
[Added 8-6-2009 by L.L.
No. 4-2009]
A device that stores energy from the sun and makes it available
in an electrical form.
[Added 8-6-2009 by L.L.
No. 4-2009]
An accessory building in which any horses are kept for hire,
remuneration or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
Thoroughfare dedicated and accepted by the Town, county or
state for public use or legally existing on any map of a subdivision
filed in the manner provided by law.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the "street grade."
The dividing line between the street right-of-way and a lot,
plot or parcel.
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on the ground.
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, constructed
and maintained outdoors, which exceeds 10 feet in width at its widest
point of width and 24 inches or more in depth with a recirculating
and/or controlled water supply.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
An open lot or part thereof, with its appurtenant facilities,
devoted to the showing of moving pictures or theatrical productions,
on a paid admission basis, to patrons seated in automobiles or on
outdoor seats.
The professional engineer and/or firm designated by the Town
Board to provide professional engineering services to the Town of
Walworth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A single-family dwelling unit constructed in a group of three
or more attached units (but no more than six attached units allowed)
in which each unit 1) extends from foundations to roof; 2) has open
space on at least two sides; and 3) has a separate means of egress.
A townhouse is two-story by design and no other dwelling unit may
exist above or below said unit. A townhouse is a unit within a multiple-family
dwelling, typically where each unit within said multiple-family dwelling
is individually owned, with shared ownership of common areas.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
A highway vehicle designed to be hauled by another vehicle.
A building comprised of two dwelling units, each with separate
outside entrances.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained
or used. The term "permitted use" or its equivalent shall not be deemed
to include any nonconforming use.
See "accessory use."
A facility for medical care and treatment of animals with
offices necessary to support the facility.
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
An unoccupied space open to the sky on the same lot with
a building or structure.
An open, unoccupied space on the same lot with a building
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street except in such cases
where any part of a lot line is located between the building and the
street, then the depth of the front yard shall be measured between
the front line of the building which is closest to the street and
the part of the lot line in front of the building which is closest
to the building. A front yard, except in the case of a corner lot,
shall be further defined as the yard facing the street which is the
building's designated property street address. In the case of a corner
lot, the front yard of the property shall be defined as the yard facing
the street which is closest to the building. Covered porches, front
porches and decks, whether closed or unclosed, excluding steps or
a slab, shall be considered as part of the building and shall not
project into a required front yard.
An open, unoccupied space on the same lot with the building
situated between the rear line of the building and the rear line of
the lot and extending the full width of the lot. Covered porch, sun
porches and decks, whether enclosed or unenclosed, excluding steps
or a slab, shall be considered as part of the main building and shall
not project into a required rear yard.
An open, unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear lot
line or a front lot line shall be deemed a side lot line. Covered
porches, sun porches and decks, whether enclosed or unenclosed, excluding
steps or a slab, shall be considered as part of the main building
and shall not project into a required side yard.
The Board of Appeals of the Town of Walworth appointed by
the Town Board and sometimes referred to as the "Zoning Board" or
"Board of Appeals."
