Town of Wheatfield, NY Article II Terminology

§ 200-11 Definitions; word usage.

A. Except where specifically defined herein, all words used in this chapter shall carry their customary 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; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

B. Abbreviations. For the purposes of this chapter the following abbreviations shall have the meanings indicated:

	mg:	milligram	1	gram
			1,000

	ug:	microgram	1	gram
			1,000,000

	ppm:	part per million
	ppb:	part per billion
	m3:	cubic meter
	mo:	month

C. As used in this chapter, the following words shall have the meanings indicated:

ACCESSORY USE

A use customarily incidental and subordinate to the principal use of a building and located on the same lot therewith.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT THEATER

A theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally but exclude any minor by reason of age.

AIRPORT

A facility for the landing, storage and service of one or more aircraft.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

AMBIENT STANDARD

A limit on the intensity of an environmental pollutant as measured at a receptor point rather than at the source.

APARTMENT BUILDING

A building arranged, intended or designed to be occupied by three or more families living independently of each other.

AREA, FLOOR

The horizontal area of a building as outlined by its exterior main walls, not including uninhabitable basements or cellars, built-in or attached garages, porches or terraces.

BASEMENT

A story partly below grade but having at least 1/2 of its height (measured from floor to ceiling) above the average adjoining grade. (See "cellar" below.)

BITCOIN MINING or CRYPTOCURRENCY MINING

A process where a specialized computer validates blockchain transactions for a specific cryptocurrency and in turn receives a monetary reward for the computational effort. Bitcoin mining or cryptocurrency mining is not an allowable use (by right, special use permit or variance) in the Town of Wheatfield.

[Added 11-7-2022 by L.L. No. 3-2022]

BUFFER

A strip of land required to separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs and unsightly buildings or parking areas or to provide spacing to reduce adverse impacts of noise, odor or danger from fires or explosions. Buffers may be as simple as a seeded grass area to a mound of dirt of a specific height with or without plantings and/or fencing, depending upon the individual characteristics of the neighboring culture, as determined by the Town Planning Board, as part of the site plan review.

[Amended 5-21-2012 by L.L. No. 1-2013]

BUILDING

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.

BUILDING, ACCESSORY

A supplemental building, the use of which is incidental to that of a main or principal building and located on the same lot therewith.

BUILDING DEPARTMENT

Includes the Town of Wheatfield Building Inspector or his or her staff.

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, HEIGHT

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 deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.[1]

BUILDING INSPECTOR

The officially established Building Inspector and the zoning enforcement officer of the Town of Wheatfield.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

BUILDING (SETBACK) LINE

A line parallel to the street right-of-way line, between which line and the street right-of-way no building may be built.

CELLAR

A story partly underground and having more than 1/2 of its clean height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories. (See "basement" above.)

DAY-CARE CENTER

Any place, including an occupied residence, used for the supervision and care of preschool and school-aged children for periods of less than 24 hours per day and in accordance with any appropriate state requirements.

[Amended 9-15-2008 by L.L. No. 8-2008]

DECIBEL (dB)

A unit which describes the sound pressure level or intensity of sound. A sound level meter is calibrated in decibels.

DETONABLE MATERIALS

Materials which decompose by detonation. Such materials include explosives, unstable compounds and fissionable matter.

DWELLING

A building of at least 22 feet in width designed or used exclusively as the living quarters for one or more families.

[Amended 9-15-2008 by L.L. No. 8-2008]

DWELLING, MULTIPLE-FAMILY

A dwelling used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.

[Amended 9-15-2008 by L.L. No. 8-2008]

DWELLING, SINGLE-FAMILY

A detached dwelling designed for or occupied exclusively by one family.

[Amended 9-15-2008 by L.L. No. 8-2008]

DWELLING, TWO-FAMILY

A dwelling designed for or occupied exclusively by two families living independently of each other.

DWELLING UNIT

A dwelling or portion thereof providing complete living facilities for one family.

EMISSION RATE

The release per unit of time of air pollutants from a given source.

EQUIVALENT OPACITY

The density of light obscuration of any smoke or plume that most closely matches the smoke shade on the standard Ringelmann Chart.

FAMILY

One or more persons occupying a dwelling unit and living together as a single housekeeping unit.

[Amended 9-15-2008 by L.L. No. 8-2008]

FARM

A single parcel of land three acres or more in size on which an owner or tenant carries on agricultural or dairying pursuits or the raising of livestock, poultry or the keeping of bees.

FLAMMABLE OR EXPLOSIVE MATERIAL

A material which produces flammable or explosive gases or vapors under ordinary temperature conditions.

FLASH POINT

The lowest temperature at which a flammable liquid will momentarily burn under prescribed conditions.

FOOTCANDLE

A unit of illumination equal to the light flux which falls on a one-square-foot area one foot distant from a light source of one candle power.

GARAGE, PRIVATE

An enclosed structure accessory to a principal building for the purpose of storing motor vehicles and/or items incidental to the main building and provided that no business, occupation or service is conducted therein for profit.

GARAGE, REPAIR

A main or accessory building used or designed for repair purposes; a service garage if accessory to an automobile salesroom.

GASOLINE STATION

A place where gasoline, oil, grease, batteries, tires, motor vehicle accessories, etc., may be supplied and dispensed at retail and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting.

GRADE, FINISHED

The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs related thereto.

GROUP DEVELOPMENT

A group of two or more (detached) dwellings located on the same lot, having any yard or open space in common and planned as a single integrated development.

HOME OCCUPATION

An accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services. (See Article X, Home Occupations.)

HOSPITAL

An institution providing health services and medical or surgical care, primarily for temporary inpatients, to persons suffering from illness, disease, injury, deformity or other abnormal physical or mental condition and including as an integral part of the institution related facilities such as laboratories, outpatient facilities or training facilities. "Hospital" does not include institutions for the permanent care of or occupation by the poor, infirm, incurable or insane.[2]

HOSPITAL, ANIMAL

An establishment for the medical and/or surgical care of animals.

HOTEL

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.

IMPACT NOISE

A sound of short duration such as that from a forging hammer or punch press.

JUNKYARD

A lot, land or structure or part thereof, used primarily 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.

KENNEL

Any place in or at which any number of dogs are kept for the purpose of sale or in connection with boarding care or breeding, for which any fee is charged.

LOT

A parcel of land occupied or capable of being occupied by a building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this chapter.

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets.

LOT, DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT, FLAG

A lot having a minimum frontage for a driveway servicing the main portion of the lot which is some distance back from the street and which meets all other zoning requirements.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

Any line dividing one lot from another.

LOT, THROUGH

An interior lot having frontage on two parallel or approximately parallel streets.

LOT, WIDTH

The distance between the side lot lines measured along the front setback line.

MASSAGE ESTABLISHMENT

Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms and which do not receive their primary source of revenue through the administration of massages.

MOBILE HOME

A transportable single-family dwelling which may be towed on its own running gear and which is affixed to real estate, used for nontransient residential purposes and which is recognized and approved as a "mobile home" by the New York State Uniform Fire Prevention and Building Code.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for travelers and providing accessory off-street parking facilities. The term "motel" includes buildings designated as motor lodges, auto courts and similar appellations.

NONCONFORMING USE

A building, structure or use of land lawfully existing at the time of enactment of this chapter or any amendment thereto and which does not conform to the regulations of the district or zone in which it is situated.

NURSERY

The land and buildings used for the raising and sale of plants, trees and shrubs.

NURSERY SCHOOL

A school designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive and operated on a regular basis.

NURSING HOME

An establishment which provides full-time convalescent or chronic care or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such an establishment. However, this definition shall also include an establishment or dwelling, also know as a "hospice," which provides full-time palliative and supportive care for terminally ill individuals and their families. A hospital shall not be construed to be included in this definition.

[Amended 9-15-2008 by L.L. No. 8-2008]

ODOR THRESHOLD

The lowest concentration of odorous matter that produces an olfactory response in normal human beings.

ODOR UNIT

A unit of odor strength. It is the amount of an odorous material in one cubic foot of clean air that is just detectable by 50% of a panel of human observers.

OPEN SPACE

An area that is intended to provide light and air and is designated for environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative plantings, walkways, active and passive recreational areas, wooded areas and watercourses. Open space shall not be deemed to include driveways, parking lots or other automotive use areas.

PARTICULATE MATTER

Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid.

PATIO HOMES

A single-family, detached, residential dwelling unit, consisting of one structure with a property line not less than 10 feet of land on each side of the structure, sharing a common area open space with other patio homeowners in the development, which may be owned in common, by a homeowners' association, or by any other legal arrangements approved by the Planning Board and Town Board. Patio homes shall not exceed 1 1/2 stories, as defined in the Town's building code, and typically located in a cluster development, or in a planned unit development.

[Added 5-21-2012 by L.L. No. 1-2013]

PEEP SHOWS

A theater which presents material in the form of live shows, films or videotapes viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

PLANNING BOARD

The Planning Board of the Town of Wheatfield, New York.

[Added 9-15-2008 by L.L. No. 8-2008]

QUARRY, SAND PIT, GRAVEL PIT

A lot or land or part thereof used for the purpose of extracting stone, sand or gravel as an industrial operation and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made.

RIDING ACADEMY

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.

RINGELMANN CHART

A chart originally published in United States Bureau of Mines Circular No. 7718 (August 1955) on which density of equivalent opacity of smoke is illustrated by increasingly dense shades of gray (0 = clear; 5 = opaque).

SIGN

A name, identification, description or illustration containing letters, numbers or symbols, which is affixed to or painted, represented or installed on any part of a building, structure, vehicle or parcel of land in view of the general public and which directs attention to a person, institution, organization, activity, place, object, product or business.

SIGN, BILLBOARD

An off-premises sign having more than 100 square feet of face area.

SIGN, BUSINESS DIRECTIONAL

An off-premises sign, of three square feet or less, not located on state highways, to provide direction to businesses and facilities.

[Amended 9-15-2008 by L.L. No. 8-2008]

SIGN CANOPY

A pedestrian-oriented sign attached to the underside of a permanent canopy, perpendicular to the building frontage.

SIGN, ELECTRONIC MESSAGE DISPLAY

A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. (Related terms defined as follows:)

[Added 4-14-2008 by L.L. No. 2-2008]

(1) DISSOLVE A mode of message transition on an electronic message display accomplished by varying the light intensity or pattern where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

(2) FADE A mode of message transition on an electronic message display accomplished by varying the light intensity where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

(3) FRAME A complete static display screen on an electronic message display.

(4) FRAME EFFECT A visual effect on an electronic message display applied to a single frame to attract attention of viewers.

(5) SCROLL A mode of message transition on an electronic message display where the message appears to move vertically across the display surface.

(6) TRANSITION A visual effect used on an electronic message display to change from one message to another.

(7) TRAVEL A mode of message transition on an electronic message display where the message appears to move horizontally across the display surface.

SIGN, FACE AREA OF

The surface devoted to the conveying of the message, exclusive of the structure to support it, trim and framing device and any appurtenances required by building codes. In the case of open sign structures not having a solid surface or a sign not otherwise inscribed in a definitive area, the area of the sign shall be taken as the area required to circumscribe all letters and devices exclusive of supports. For double-faced signs where both faces are parallel or angled from each other by no more than 45°, only one display face shall be measured in determining total sign area. When the faces are angled from each other by greater than 45°, all faces shall be measured in determining the total sign area.

SIGN, FREESTANDING

A sign resting upon or attached to the ground by means of an integral base or one or more poles or standards. Freestanding signs include both pole signs and ground signs.

SIGN, OFF-PREMISES

Any sign attracting attention to an object, product, service, place, activity, institution, organization or business not available or located on the site where the sign is located.

SIGN, WALL

Any sign integral with or attached to and parallel to the face of the outside wall of a building.

SIGN, WINDOW

Any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

SMOKE

Small gasborne particles other than water that form a visible plume in air.

SOLAR ENERGY SYSTEM

An arrangement or combination of components and structures designed to provide heating, cooling, hot water or electricity through the process of collecting, converting, storing, protecting against unnecessary dissipation of and distributing solar energy.

SOLAR SKYSPACE

The space between a solar collector and the sun which must be free of obstructions for a solar energy system's effective operation.

SOUND-LEVEL METER

An electronic instrument which includes a microphone, amplifier and output meter which measures sound pressure levels in a specified manner.

SOUND PRESSURE LEVEL

The intensity of a sound measured in decibels.

STABLE

A building or part of a building used to house horses or cattle.

STANDARD CUBIC FEET

The measure of the volume of a gas, reduced to 14.73 pounds per square inch absolute and 60° F.

STORY

That portion of a building included between the surface of any floor and the ceiling above it.

STREET

A public or private way which affords the principal means of access to abutting properties.

STREET LINE

A common property line separating a public street from abutting properties.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

THEATER, INDOOR

A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.

THEATER, OUTDOOR DRIVE-IN

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid admission basis, to patrons seated in automobiles or on outdoor seats.

THEME PARK

A contiguous area of land of not less than 50 acres consisting of amusement rides, attractions, games and refreshment stands.

[Added 9-12-2005 by L.L. 8-2005]

TOURIST HOME

A dwelling in which overnight accommodations are provided for transient guests for compensation, including bed-and-breakfast establishments.[3]

TOWN BOARD

The Town Board of the Town of Wheatfield, New York.[4]

TOXIC OR NOXIOUS SUBSTANCE

Any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists containing properties which by chemical means are:

(1) Inherently harmful and likely to destroy life and impair health; or

(2) Capable of causing injury to the well-being of persons or damage to property.

USE

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.

USE, ACCESSORY

See "accessory use."

VIBRATION, IMPACT

Earthborne oscillations occurring in discrete pulses at less than 100 per minute.

VIBRATION, STEADY-STATE

Continuous earthborne oscillations. Discrete pulses occurring 100 or more times per minute are usually considered "steady-state vibrations."

WEIGHTED SOUND LEVEL

The sound pressure level in decibels read on a sound-level meter using the A-filter. The A-filter attenuates the incoming sound to approximate the sensitivity of the human ear.

YARD

An open space on the same lot with a building or structure.

YARD, FRONT

An open space on the same lot with a main building, extending the full width of the lot between the street line and the building line.[5]

YARD, REAR

An open space on the same lot with a main building, extending the full width of the lot between the rear lot line and the rear line of the building.[6]

YARD, SIDE

An open 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.[7]

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Town of Wheatfield, New York.[8]

[1] Editor's Note: An illustration of building height is on file at the office of the Town Clerk.

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5] Editor's Note: An illustration of yard requirements is on file at the office of the Town Clerk.

[6] Editor's Note: An illustration of yard requirements is on file at the office of the Town Clerk.

[7] Editor's Note: An illustration of yard requirements is on file at the office of the Town Clerk.

[8] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).