As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONMENT
To cease or discontinue a use or activity, excluding temporary
or short-term interruptions to a use or activity during periods of
remodeling, maintaining or otherwise improving or rearranging a facility
or during normal periods of vacation or seasonal closure.
ACCESSORY
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
ACCESSORY APARTMENT
A second dwelling unit either in or added to an existing
single-family detached dwelling or in a separate accessory structure
on the same lot as the main dwelling for use as a complete, independent
living facility with provision within the accessory apartment for
cooking, eating, sanitation and sleeping.
ADULT USES
These uses shall include but are not limited to the following:
[Added 1-8-1998 by L.L. No. 1-1998]
A.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and video tapes and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
B.
ADULT DRIVE-IN THEATERA drive-in theater that customarily presents motion pictures that are not open to the public generally, but excludes any minor by reason of age.
C.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or similar entertainments, and which establishment is customarily not open to the public generally, but excludes any minor by reason of age.
D.
ADULT MOTELA motel which is not open to the public generally, but excludes minors by reason of age, or which makes available to its patrons in their rooms closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which, if presented in a public movie theater, would not be open to the public generally, but would exclude any minor by reason of age, and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions or offers a sleeping room for rent for a period of time that is less than 10 hours.
E.
ADULT THEATERA theater that customarily presents motion pictures, films, videotapes or slide shows that are not open to the public generally, but excludes any minor by reason of age.
AGRICULTURAL BUILDING
A structure which is used for the housing of animals (such
as horses, chickens, cows, pigs) or their food and forage (such as
grains, straw) and equipment used to implement the agricultural use
(such as tractor, manure spreader, planter, etc.).
AGRICULTURE USE
The raising of crops, including trees, livestock, poultry,
fruit or fur-bearing animals, including the sale of products grown
or raised directly on such land, but shall not include the construction
of new structures associated with agricultural activities.
[Amended 12-7-2006 by L.L. No. 4-2006]
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing 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.
AMUSEMENT ARCADE
A building or part of a building in which five or more in
any combination of pinball machines, video games or other similar
player-operated amusement devices are maintained.
AMUSEMENT CENTER
An indoor or outdoor facility, which may include structures
and buildings, where there are various devices for entertainment,
including but not limited to rides and booths for the conduct of games
and buildings for shows and entertainment.
ANIMAL FARM
An admission-charging endeavor whose main attraction is animals.
APARTMENT HOUSE
A building with multiple individual dwelling units and intended
or designed to be occupied by three or more households living independently
of each other, which building may or may not have common service entrances,
and which units are rented.
[Amended 8-4-2005]
APPLICANT
A property owner or agent of a property owner who has filed
an application for a land development activity.
[Added 12-7-2006 by L.L. No. 4-2006]
AREA, LOT
The total area within the lot lines, excluding public rights-of-way.
ASPHALT PLANT
A facility where oil products, stone and/or sand are assembled
to produce asphaltic material and may include sand and gravel processing
activities.
[Added 12-1-2005]
ASSEMBLY PLANT
A facility where products or articles are assembled and said
products or articles are consumed or used at another location. Products
or articles that are assembled can be disassembled and are therefore
not mixed or fused together which would make the individual parts
indistinguishable from each other in the final product. This definition
does not include the production of asphalt or concrete.
[Amended 7-2-1997; 12-1-2005]
ASSISTED LIVING COMMUNITY
A structure or structures in which residential units are
accompanied by support services, including the provision of the option
of at least one meal per day and personal care services such as medication
supervision and assistance with the activities of daily living such
as bathing, dressing, grooming, eating and ambulation.
AUTOMATIC LAUNDRY OR LAUNDROMAT
Business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory in an apartment house or similar use.
AUTOMOBILE WRECKING YARD
The use of any area or portion of any lot or plot, whether
inside or outside of a building, for the temporary storage of automobiles
awaiting dismantling or dismantled parts of automobiles or for the
dismantling, cutting, demolition and burning of automobiles.
AUTOMOTIVE REPAIR
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service, painting and steam
cleaning of vehicles.
BALUSTRADE
A rail and the row of balusters or posts that support it,
as along the front of a gallery.
[Added 11-6-2008]
BANNER
Any sign of lightweight fabric or similar material that is
mounted or attached to a pole, building, fence or any other structure.
National, state or municipal flags or the official flag of any institution
or business shall not be considered "banners."
BASEMENT
A space partially below grade but having at least 1/2 of
its height below the average grade of the adjoining ground.
BED-AND-BREAKFAST FACILITY
A facility which is not a hotel or motel, but rather an owner-occupied
dwelling in which overnight accommodations for a maximum stay of one
week and breakfast only is provided or offered for transient guests
for compensation. Such use is secondary to the occupancy of the dwelling
by a family.
BERM
A hillock or raise in grade generally high enough to visually
screen headlights from automobiles or trucks on adjacent properties
or to reduce sound levels between adjacent properties.
BOARDINGHOUSE
A private dwelling in which at least four but not more than
10 sleeping rooms are offered for rent and meals or kitchen facilities
may be furnished to lodgers and in which no transients are accommodated.
A rooming house or furnished room house shall be deemed a "boardinghouse."
BOAT STORAGE, COMMERCIAL
A place, site or structure used to park, house or store on
any one lot boats and/or vessels not owned by property owner or lessee.
BOND or LETTER OF CREDIT
A written agreement issued by a qualified agent or banking
organization which guarantees either the performance of a certain
agreed-upon activity or an equivalent consideration if the activity
is not completed as required.
BUFFER
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of existing
natural vegetation or created by the use of trees, shrubs, berms,
and/or fences, and designed to limit views and sounds from the development
to adjacent properties and vice versa.
[Added 8-4-2005]
BUFFER ZONE
An unpaved, natural area without buildings designed to reduce
the possibility of adverse impact on land or water quality and/or
conflicts of land use between two or more areas.
BUILDABLE LAND
That portion of a lot exclusive of all federal and all New
York State designated freshwater wetlands, New York State classified
streams, flood hazard areas, as mapped on FEMA's Flood Insurance Rate
Maps, slopes of 15% or greater, critical environmental areas as designated
by the New York State Department of Environmental Conservation (NYSDEC)
or within the Town of Wilton Comprehensive Plan and other areas of
environmental or scenic significance as may be identified by the Planning
Board and Town of Wilton Comprehensive Plan or Zoning Ordinance.
BUILDING
Any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area and aids in the development
of land. See also "structure."
[Amended 12-7-2006 by L.L. No. 4-2006]
BUILDING, FRONT
That portion of a building facing the major or principal
access street.
BUILDING, HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade around the perimeter of the building
to the highest point of the building, except that the height limitations
of this chapter shall not apply to mechanical appurtenances usually
carried above roof level, radio and television antennas or similar
structures. In the case of a building which contains several uses
with different height restrictions under this chapter, the predominant
use within the building controls the height regulation. For the purposes
of this definition, "predominant use" shall mean the class of use
having the largest gross floor area within the building.
BUILDING LINE
That line established by the required front yard depth as
the closest point to the front property line at which a building may
be constructed. Side and rear building lines shall be determined in
a comparative manner.
BUILDING SUPPLY/LUMBER YARD
A business where building supplies are sold either wholesale
or retail, including the storage of such supplies.
BUSINESS OFFICE
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations, and personal services.
[Amended 12-1-2005]
CAMP
Any area of land or water on which is located one or more
cabins, tents, travel trailers, houseboats or other accommodations
of a design or character suitable for seasonal or temporary recreation-oriented
occupancy, regardless of whether such accommodations are actually
occupied on a seasonal basis by adults or by children, either as individuals,
families or groups and whether or not conducted for profit.
CAMPGROUND
Any area designated for transient occupancy by camping in
tents, camp trailers, motor homes, truck cap campers or pickup campers
or similar temporary shelter.
CAMPSITE
An individual site designed to accommodate transient occupancy by camping in a tent, camp trailer, motor home, truck camper or pickup camper or similar temporary shelter. The area of the campsite shall include the vehicle or tent location, hookups, green space and any other accessory facilities being the required square footage as per §
129-176G(4).
[Amended 7-2-2002; 4-3-2003]
CANOPY
A permanent roof-like structure either freestanding or connected
to a principal building or accessory building.
CAR WASH
An area of land and/or structure with machine- or hand-operated
facilities used principally for the cleaning, washing, polishing or
waxing of motor vehicles.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for similar purposes, including columbariums, crematories,
mausoleums and mortuaries when operated in conjunction with and within
the boundaries of said cemetery.
CERTIFIED FORESTER
A forestry professional who voluntarily subscribes to the
criteria outlined by the Society of American Foresters' Certified
Foresters Program.
[Added 4-5-2007]
CHANNEL
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
[Added 12-7-2006 by L.L. No. 4-2006]
CHURCH
A building for public worship and/or religious services.
CLEAR-CUTTING
The removal of trees, shrubs or undergrowth with the intention
of preparing real property for nonagricultural development purposes.
This definition shall not include the selective removal of nonnative
tree and shrub species when the soil is left relatively undisturbed;
removal of dead trees; or normal mowing operations.
CLEARING
Any activity that removes the vegetative surface cover.
[Added 12-7-2006 by L.L. No. 4-2006]
CLINIC
A building designed and used for the diagnosis and treatment
of human patients that does not include overnight care facilities.
CLUB or LODGE
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity or to render a service which is customarily
considered a business, but not done primarily for profit.
CLUSTER DEVELOPMENT
Subdivisions in which lot sizes and bulk requirements of
the governing zone are reduced in order to group structures in one
or more portions of the site where they will have the least impact
on important resources and to permanently preserve open space.
COMMERCIAL RECREATION USE
Any use involving the provision of recreation facilities
or activities for a fee, whether indoors or outdoors.
COMMERCIAL USE
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale, or provision
of recreation facilities or activities for a fee. The term shall include
but not be limited to the following; drive-in establishment, fast-food
restaurant, service station, public garage, restaurant, retail business
and tavern.
COMMUNITY BUILDING OR CENTER
A place, structure, area or other facility used for providing
fraternal, social and/or recreational programs generally open to the
public and designed to accommodate and serve significant segments
of the community.
COMPOSTING FACILITY
A facility which produces compost from the organic fraction
of leaves, grass clippings, pine needles, plants, garden waste, branches
and brush. This definition specifically excludes inorganic material
and/or food and animal products and by-products, sewer waste, solid
waste (other than those above) or sludge. Said facility must conform
to the requirements of 6 NYCRR 360, Solid Waste Management Facilities,
and further revisions thereof.
COMPREHENSIVE PLAN
The officially adopted plan for the development of the Town,
which indicates the general location for physical growth of the community,
together with any and all amendments thereto.
CONCRETE BATCH PLANT
The process by which stone, sand, water and cement are combined
to make concrete.
[Added 12-1-2005]
CONDOMINIUM DEVELOPMENT
A building, or group of buildings, in which dwelling units,
offices, or floor area are owned individually, and the structure,
common areas, and facilities are owned by all the owners on a proportional,
undivided basis.
[Added 8-4-2005]
CONSERVATION EASEMENT
A perpetual restriction on the use of land created in accordance
with the provision of Article 49, Title 3, of the Environmental Conservation
Law or Chapter 247 of the General Municipal Law for the purposes of
conservation of open space, agricultural land and natural cultural
and scenic resources.
CONSTRUCTION AND DEMOLITION (C&D) DEBRIS
Uncontaminated solid waste resulting from the construction,
remodeling, repair and demolition of utilities, structures and roads;
and uncontaminated solid waste resulting from land clearing. Such
waste includes but is not limited to bricks, concrete and other masonry
materials, soil, rock, wood (including painted, treated and coated
wood and wood products), land clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, nonasbestos insulation, roofing shingles
and other roof coverings, asphaltic pavement, glass, plastics that
are not sealed in a manner that conceals other wastes, empty buckets
10 gallons or less in size and having no more than one inch of residue
remaining on the bottom, electrical wiring and components containing
no hazardous liquids and pipe and metals that are incidental to any
of the above. Solid waste that is not C&D debris (even if resulting
from the construction, remodeling, repair and demolition of utilities,
structures and roads and land clearing) includes but is not limited
to asbestos waste, garbage, corrugated container board, electrical
fixtures containing hazardous liquids such as fluorescent light ballasts
or transformers, fluorescent lights, carpeting, furniture, appliances,
tires, drums, containers greater than ten gallons in size and any
containers having more than one inch of residue remaining on the bottom
and fuel tanks. Specifically excluded from the definition of "construction
and demolition debris" is solid waste (including what otherwise would
be construction and demolition debris) resulting from any processing
technique, other than that employed at a department-approved C&D
debris processing facility, that renders individual waste components
unrecognizable, such as pulverizing or shredding. Also, waste contained
in an illegal disposal site may be considered "C&D debris" if
the New York State Department of Environmental Conservation and the
Town determines that such waste is similar in nature and content to
C&D debris.
CONVENIENCE STORE
Any retail establishment offering for sale prepackaged food
products, household items and goods commonly associated with the same
and having a gross floor area of less than 5,000 square feet. Convenience
stores may also be associated with the sale of gasoline or fuel for
the propulsion of motor vehicles.
[Amended 12-1-2005]
CONVENTION CENTER
A facility offering meeting rooms and/or exhibit areas providing
support activities for those meeting rooms, such as food preparation
and not including lodging.
CUL-DE-SAC
Minor street with one end open for public access and the
other terminating in a vehicular turnaround.
DAY-CARE CENTER
A site, building or place designed and/or operated to provide
care and/or instruction on a daily/regular basis for four or more
persons and operated on a regular basis for a fee.
DEDICATION
The deliberate appropriation of property by its owner for
general public use.
[Added 12-7-2006 by L.L. No. 4-2006]
DEPARTMENT
The New York State Department of Environmental Conservation.
[Added 12-7-2006 by L.L. No. 4-2006]
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most
recent version, including applicable updates that serves as the official
guide for stormwater management principles, methods and practices.
[Added 12-7-2006 by L.L. No. 4-2006]
DESIGN STANDARDS
A set of subjective standards and recommendations governing
the physical form and appearance of development within the district
to which they apply. Design standards are to be administered by the
Zoning Board of Appeals and Planning Board and applied to development
projects subject to their review.
[Added 8-4-2005]
DEVELOPER
A person who undertakes land development activities.
[Added 12-7-2006 by L.L. No. 4-2006]
DRY-CLEANING FACILITY
An establishment which provides washing, drying or dry-cleaning
services, on site, where goods are dropped off for cleaning and picked
up at a later date, not to include on-site facilities located in conjunction
with an apartment complex or living community.
DUPLEX
See "dwelling, two-family."
DWELLING
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "multiple
dwelling," "two-family dwelling," "dwelling unit" or "dwelling group"
shall not be deemed to include a motel, rooming house, bed-and-breakfast
or tourist home.
DWELLING GROUP
A group of two or more dwellings occupying a lot in one ownership.
DWELLING, ONE-FAMILY
A residential building containing not more than one dwelling
unit surrounded by open space on the same lot and meets the provisions
of the New York State Uniform Fire Prevention and Building Code, is
on a permanent foundation and consisting of at least 720 square feet
of living space, excluding an accessory building or use; see "dwelling
unit."
DWELLING, SEASONAL
A dwelling not used for permanent residence and not occupied
for more than six months in each year.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units only, having
a common or party wall separating units, that meets the provisions
of the New York State Uniform Fire Prevention and Building Code, is
on a permanent foundation and consists of 1,500 square feet of living
space, excluding an accessory building or use. This term is intended
primarily for duplexes; see "dwelling unit."
DWELLING UNIT
A complete housekeeping facility consisting of sleeping,
living, bathroom and kitchen facilities.
EASEMENT
The right of a person, government agency or public utility
company to use public or private land owned by another for a specific
purpose.
EDUCATIONAL INSTITUTION FACILITIES
Buildings, facilities, and grounds serving educational institutions
such as community colleges, technical schools, and universities, including
but not limited to classrooms, administrative offices, student services,
libraries, workspaces, multimedia studios, lounges, food service,
clinics, and research space.
[Added 4-4-2024 by L.L.
No. 1-2024]
ELDERLY
Persons 55 years of age or older.
ENCLOSED SHOPPING MALL
An enclosed retail shopping center containing at least 400,000
square feet of gross leasable area, including two or more retail spaces
of at least 30,000 square feet.
EROSION
The wearing away of the land surface by rain, flowing water,
wind or other geological, mechanical or chemical agents.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
[Added 12-7-2006 by L.L. No. 4-2006]
EXTREME FLOOD CONTROL CRITERIA
Requires storage to attenuate the postdevelopment one-hundred-year,
twenty-four-hour peak discharge rate to predevelopment rates. The
intent of this criteria is to prevent the increased risk of flood
damage from large storm events, maintain the boundaries of the predevelopment
one-hundred-year floodplain, and protect the physical integrity of
stormwater management practices.
[Added 12-7-2006 by L.L. No. 4-2006]
FAMILY
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel.
A "family" may consist of a single person or of two or more persons,
whether or not related by blood, marriage or adoption, and may also
include domestic servants or gratuitous guests.
FARM
See "agriculture use."
FARMLAND
Any parcel which is used primarily for gain in the raising
of an agricultural product.
FENCE
Any material erected for the purpose of enclosing a piece
of land or to divide a piece of land into distinct portions or to
separate two contiguous pieces of land.
[Amended 7-2-1997]
FIRING RANGE
A facility either out of doors or within a building which
is designed to accommodate the discharge of firearms and usually includes
targets or skeet launchers.
FLOODPLAIN
Any land susceptible to being inundated by water from any
source.
FLOODWAY
The channel or river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the one-hundred-year
flood without cumulatively increasing the water surface elevation
more than one foot at any point.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
GABLE
The portion of the front or side of a building enclosed by
or masking the end of a pitched roof.
[Added 11-6-2008]
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business occupation or service is conducted for profit.
GARAGE, PUBLIC
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.
GOLF AND COUNTRY CLUBS
Clubs catering exclusively to members and their guests, or
premises and buildings for recreational or athletic purposes.
GOVERNING ZONE
Refers to the requirements of the zone in which a planned
unit development application is being made, as indicated on the current
Town of Wilton Zoning Map. If that zone does not allow residential uses, the "governing
zone" shall refer to the single-family requirements of the zone in
closest proximity which allows residential uses. If that zone does
not allow commercial/industrial uses, the "governing zone" shall refer
to the commercial/industrial uses of the zone in closest proximity
which allows commercial/industrial uses.
GRADE
The average finished ground level of the land around a structure/building.
GRADING
Excavation or fill of material, including the resulting conditions
thereof.
[Added 12-7-2006 by L.L. No. 4-2006]
GREENHOUSE, COMMERCIAL
A building in excess of 300 square feet whose roof and sides
are made largely of glass or other transparent or translucent material
and in which the temperature and humidity can be regulated for the
cultivation of delicate or out-of-season plants for subsequent sale
or personal enjoyment.
GREENHOUSE, PRIVATE
A structure whose roof and sides are made largely of glass
or other transparent or translucent material and used for personal
enjoyment and whose area is 300 square feet or less.
GREEN SPACE
Percentage of a lot or subdivision identified on the approved
plan to remain undeveloped.
GROSS LEASABLE AREA
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall faces.
HEALTH CLUB
Includes, but is not limited to, gymnasiums (except public),
private clubs (athletic, health or recreational), reducing salons
and weight control establishments.
HEALTH-RELATED FACILITY
A building or site used for the treatment of illness, disease,
injury, deformity and other physical or mental condition, including
rehabilitation activities, and which is operated by individuals in
the health industry licensed by the State of New York.
HEALTH SERVICES
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists, and other health practitioners, medical and dental laboratories;
outpatient care facilities, rehabilitation services, blood banks,
and oxygen and miscellaneous types of medical supplies and services.
[Added 12-1-2005]
HEIGHT
The vertical distance from average grade level to highest
point of structure, excluding antennas.
HOME OCCUPATION
An occupation for gain or support which is conducted by members
of a family residing on the premises and conducted entirely within
the existing structures and which is clearly secondary to the use
of the dwelling for living purposes and does not change the character
thereof.
HOMEOWNERS' ASSOCIATION
A private nonprofit corporation of homeowners for the purpose
of owning, operating and maintaining various common properties or
facilities.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other physical or mental conditions,
and including, as an integral part of the institution, related facilities
such as laboratories, outpatient facilities or training facilities.
HOTEL, MOTEL, INN or TOURIST CABIN
An establishment containing lodging accommodations designed
for use by transients or temporary guests, excluding bed-and-breakfast
facility.
HOUSEHOLD PETS
Animals that are customarily kept for personal use or enjoyment
within the home. "Household pets" shall include but not be limited
to domestic dogs, domestic cats, domestic tropical birds and rodents.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snowmelt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.).
[Added 12-7-2006 by L.L. No. 4-2006]
INDEPENDENT LIVING COMMUNITY
A structure or structures in which residential units have
an individual kitchen and bathroom, with the option of at least one
meal per day plus where one or more of the following services are
provided to the residents in the community in common facilities on
site: laundry, security and housekeeping.
INDOOR-OUTDOOR RECREATIONAL FACILITIES
Parcels, buildings and/or equipment primarily utilized for
leisure-time or sport-related activities, including, but not limited
to, miniature golf courses, driving ranges, bowling alleys, and private
businesses based on providing a recreational activity.
[Amended 8-4-2005]
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued
to a commercial industry or group of industries which regulates the
pollutant levels associated with industrial stormwater discharges
or specifies on-site pollution control strategies.
[Added 12-7-2006 by L.L. No. 4-2006]
INDUSTRY, LIGHT
A use engaged in the production, from previously prepared
materials, of finished products or parts, including the processing,
fabrication, assembly, packaging, incidental storage, sales and distribution
of such products, but excluding any basic industrial processing utilizing
any raw materials.
[Amended 7-2-1997]
INFILTRATION
The process of percolating stormwater into the subsoil.
[Added 12-7-2006 by L.L. No. 4-2006]
IN-LAW APARTMENT
A second dwelling unit in an existing single-family detached
dwelling for use as a complete, independent living facility with provision
within the in-law apartment for cooking, eating, sanitation and sleeping.
INTEGRATION
Interconnection of utilities, roads and open space/recreation,
as well as siting and design compatibility.
JUNK
Goods that are so worn, deteriorated or obsolete as to make
them unusable for their original purpose in their existing condition,
but are subject to being dismantled, including but not limited to
used paper, scrap iron, scrap tin, scrap brass, scrap copper, scrap
lead or scrap zinc and all other scrap metals and their alloys and
rags, used cloth, used rubber, used rope, used tinfoil, used bottles,
old or used machinery, used tools, appliances, fixtures, utensils,
used boxes or crates, other lumber, used pipe or pipe fittings and
used tires.
[Added 11-15-1999]
JUNKYARD
A lot, land or structure or part thereof used for the collecting
storage and sale of wastepaper, rags, scrap metal or discarded material;
or the collection, dismantling, storage and salvaging of machinery
or vehicles not in running condition and for the sale of parts thereof.
KENNEL
An establishment housing dogs, cats or other household pets
and where grooming, breeding, boarding, training or selling of animals
is conducted as a business.
KITCHEN
A room or place for the preparation and cooking of food.
LAND CLEARING
The excavation, cutting, removal, alteration, destruction
or clearing of perennial or annual vegetation, including trees, or
the disturbance of soil.
LAND DEVELOPMENT ACTIVITY
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 12-7-2006 by L.L. No. 4-2006]
LANDOWNER
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 12-7-2006 by L.L. No. 4-2006]
LAUNDROMAT
An establishment providing washing and/or drying on the premises
for rental use to the general public for family laundering.
LIBRARY
A place in which literary, musical, artistic or reference
materials are kept for public use but not for sale.
LINTEL
A horizontal beam over an opening in a masonry wall, either
structural or decorative.
[Added 11-6-2008]
LODGING HOUSE
A building in which at least four but not more than 10 sleeping
rooms are offered for rent and in which no meals are furnished.
LOT
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or group of buildings that
are united by a common interest or use and the customary accessories
and open spaces belonging to the same.
LOT, CORNER
A lot or parcel of land abutting two or more streets at their
intersection or two parts of the same street forming an interior angle
of less than 135°.
LOT COVERAGE
The lot area or percentage of lot area covered by buildings
or structures, including accessory buildings or structures, or the
percentage of the area of the lot covered by a building or buildings.
LOT DEPTH
The average horizontal distance between the front and rear
lot lines.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way.
LOT LINE
Any line dividing one lot from another.
LOT LINE, FRONT
The line of record bounding a lot, which divides one lot
from another lot or from a public or private street or any other public
space.
LOT, SUBSTANDARD
A lot or parcel of land that has less than the required minimum
area or width as established by the zone in which it is located and
provided that such lot or parcel was of record as a legally created
lot on the effective date of this chapter.
LOT WIDTH
The horizontal distance between side lot lines, measured
at the required setback line.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
[Added 12-7-2006 by L.L. No. 4-2006]
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, duly
licensed physical therapist or duly licensed massage therapist or
barbershops or beauty salons in which massages are administered only
to the scalp, face, neck or shoulders. This definition shall also
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.
[Added 1-8-1998 by L.L. No. 1-1988]
MAXIMUM BUILDING HEIGHT
The dimensions between the average grade level at a point
contiguous to the building or structure and the highest point of the
building or structure and/or accessories thereto.
MIXED USE
The development of a tract of land or building or structure
with two or more different uses, such as, but not limited to, residential,
office, manufacturing, retail, public or entertainment, in a compact
form.
[Added 8-4-2005]
MOBILE HOME
Any portable vehicle which is designed to be transported
on its own wheels or those of another vehicle, which is used, designed
to be used and capable of being used as a detached single-family residence
and which is intended to be occupied as living quarters, containing
sleeping accommodations, a flush toilet, a tub or shower, kitchen
facilities and plumbing and electrical connections for attachment
to outside systems, and with a minimum of 720 square feet of living
space.
MOBILE HOME LOT
A site of specific total land area which is located within
a mobile home park for the accommodations of one mobile home and its
occupants.
MOBILE HOME PARK
Any parcel of land which is planned and improved for the
placement of two or more mobile homes.
MOBILE HOME STAND
A durable surface located on a mobile home lot which is to
be used for the placement of and capable of supporting a mobile home.
MODULAR DWELLING
A housing unit constructed off-site consisting of more than
one segment and designed to be permanently anchored to a foundation,
to become a fixed part of the real estate, and which meet all standards
of the New York Building Code.
MUSEUM
An institution devoted to the procurement, care, study and
display of objects of interest or value.
NET BUILDABLE AREA
The portion of buildable land which remains after the deduction
of 20% of the buildable land for the provision of roadways and utilities.
NONCONFORMING USE
A building, structure or land lawfully occupied by a use
that does not conform to the regulations of the district in which
it is situated.
NONPOINT SOURCE POLLUTION
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 12-7-2006 by L.L. No. 4-2006]
NURSERY/GARDEN CENTER
Any land used for growing or stocking of plants, trees and/or
shrubs for sale or transplanting.
NURSING OR CONVALESCENT HOME
Any dwelling used for the accommodation and care of persons
with an illness or persons recuperating from illness or incapacity,
where nursing services are furnished.
OFFICE USE
Any use of a primarily clerical or professional nature, such
as but not limited to insurance, government, real estate, legal or
medical services.
OPEN SPACE
An area of land not developed with residential, industrial
or commercial structures and used for recreation, agriculture or forestry
or left in its natural state.
OPEN SPACE SUBDIVISION
For the purposes of this chapter, "open space subdivisions"
can be defined in two ways:
A.
CONSERVATION SUBDIVISIONConservation subdivisions are characterized by common open space and clustered compact lots. The purpose of a conservation subdivision is to protect farmland, open space and natural resources while allowing for the maximum number of residential lots under current community zoning and subdivision regulations.
[Amended 2-7-2013]
OUTDOOR SALES
Sidewalk sales, tent sales or other temporary sales activities
which are accessory to a principal commercial use where displays and/or
sales do not occur within a principal or accessory building.
OUTDOOR STORAGE
The keeping of any goods, junk material, merchandise or vehicles
in the same place for more than 48 hours in any portion of a lot outside
of a walled and roofed structure.
OVERBANK FLOOD CONTROL
Requires storage to attenuate the postdevelopment one-hundred-year,
twenty-four-hour peak discharge rate to predevelopment rates. The
primary purpose of this sizing criteria is to prevent an increase
in the frequency and magnitude of out-of-bank flooding generated by
urban development.
[Added 12-7-2006 by L.L. No. 4-2006]
PARK
Any public or private land available for recreational, education,
cultural or aesthetic use.
PARKS
Land used for recreational purposes, including, but not limited
to, nature trails and playing fields, where a fee for use is not charged.
[Added 7-2-2002; amended 4-3-2003]
PARKING SPACE
An off-street area available for the parking of one motor
vehicle and having an area of not less than 162 square feet (nine
feet by 18 feet).
PARKING SPACE, HANDICAPPED
Parking spaces for disabled people shall be at least 108
inches wide and shall have adjacent access aisle 96 inches wide minimum.
Parking access aisles shall be part of an accessible route to the
building or facility entrance. Two accessible parking spaces may share
a common access aisle.
PASTURE
Land containing the proper vegetation for the purpose of
feeding grazing animals, and containing no stumps.
[Amended 8-6-1998]
PEDIMENT
A low gable, typically triangular with a horizontal cornice
and raking cornices, surmounting a colonnade, an end wall, or a major
division of a facade.
[Added 11-6-2008]
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.
[Added 1-8-1998 by L.L. No. 1-1998]
PENNANT
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
PERMITTED USE
Any use requiring no special action by the Zoning Board of
Appeals or site plan review by the Planning Board before a building
permit is granted by the Zoning Officer and/or Building Inspector,
subject to all other applicable provisions of this chapter.
PERSONAL SERVICE SHOPS
Shops where personal services are offered, such as but not
limited to barbershops, shoe shine shops and beauty parlors.
PHASING
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
[Added 12-7-2006 by L.L. No. 4-2006]
PILASTER
A column partially embedded in a wall, usually nonstructural.
[Added 11-6-2008]
PLACE OF PUBLIC ASSEMBLY
Public buildings, schools, halls, convention centers and
other spaces and buildings where the general public may congregate,
not including social clubs, sportsmen clubs or other private clubs.
PLANNED UNIT DEVELOPMENT (PUD)
Land which is planned and developed by a single interest
as a whole, in a single phase or in a programmed series of phases.
A "PUD" may result in large open space areas, higher density in some
sections of the tract of land, flexibility in architectural design
and preservation of key natural features.
PLAYGROUND
A piece of land used for and normally equipped with facilities
for recreation, especially by children.
PLOT PLAN (FOR BUILDING PERMIT)
A plan prepared to scale, showing accurately and with complete
dimensioning the boundaries of a site and the location of all buildings,
structures, uses and principal site development features proposed
for a specific parcel of land.
POLLUTANT OF CONCERN
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 12-7-2006 by L.L. No. 4-2006]
PRINCIPAL USE
The main or primary purpose for which land or a structure
is designed, arranged or intended or for which land or structures
may be occupied or maintained under this chapter.
PRINTING AND PUBLISHING FACILITY
An establishment that provides duplicating services including
photocopying, blueprint and offset printing, including collating of
booklets and reports.
PROFESSIONAL SERVICE
A service or profession that requires licensure or certification
from the State of New York.
[Added 11-15-1999]
PROJECT
Land development activity.
[Added 12-7-2006 by L.L. No. 4-2006]
PUBLIC UTILITY
A company of one or more persons or corporations or authorities
operating an agency or agencies for public service, which may be subject
to the jurisdiction, supervision and regulations of the New York State
Public Service Commission. Not to include, for the purposes of this
chapter, telecommunication towers which are defined separately.
[Added 6-6-1996; amended 1-5-2006]
RECHARGE
The replenishment of underground water reserves.
[Added 12-7-2006 by L.L. No. 4-2006]
RECREATIONAL, ACTIVE
Lands utilized for recreational pursuits that require the
construction of facilities and amenities such as ball fields, playgrounds,
tennis courts, swimming pools or other similar facilities.
RECREATIONAL, PASSIVE
Land left primarily undeveloped with the possible exceptions
of trails, for such pursuits as hiking, bird-watching, cross-country
skiing or other similar activities.
RECREATIONAL VEHICLE AND TENTING CAMPSITE
A designated site of specific total land area which is planned
and improved for the seasonal placement of two or more tents, shelters,
recreational vehicles or other accommodations used for camping or
recreational purposes only and which does not allow any unit to occupy
the designated site for a period in excess of 30 days.
[Amended 7-2-2002; 4-3-2003]
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste processing facility, other than collection
and transfer vehicles, at which nonputrescible recyclables are separated
from the solid waste stream or at which previously separated nonputrescible
recyclables are processed.
RESIDENTIAL UNIT
One or more rooms providing sleeping facilities for the occupants
thereof and which shall include provisions for cooking, living and
sanitary facilities.
RESTAURANT
An establishment that serves food and beverages primarily
to persons served on the premises. This includes cafes, tearooms and
outdoor cafes.
RESTAURANT, FAST-FOOD
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared and
held for service or prepared, fried or griddled quickly or heated
in a device such as a microwave oven. Orders are not generally taken
at the customer's table, and food is generally served in disposable
wrapping or containers.
RESULTING PARCEL
Any parcel which is created by the division of an original
parcel.
RETAIL BUSINESS
The offering, for a fee, of goods and merchandise, excluding
restaurants, to the general public and where the providing of services
is clearly incidental to the sale of such goods or merchandise.
RETAIL/WAREHOUSE STORES
The offering, for a fee, of goods and merchandise, in a warehouse-type
setting, to the general public and where the providing of services
is clearly incidental to the sale of such goods or merchandise.
[Added 12-3-1998]
ROADSIDE STAND
A sales site, intended for the sale of agricultural products,
for limited seasonal duration.
SAWMILL
Any building, site or place used for cutting or milling of
raw timber into dimensional lumber.
SCREENING
Varying methods of visually shielding or obscuring adjoining
structures, buildings or uses by fencing, walls, earth berms, and/or
densely planted vegetation.
[Added 8-4-2005]
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
[Added 12-7-2006 by L.L. No. 4-2006]
SELF-SERVICE STORAGE FACILITY
A building or group of buildings consisting of individual,
self-contained units that are leased or owned for the storage of business
and household goods or wares.
[Amended 7-2-1997]
SENIOR CITIZEN HOUSING
Units designed to provide housing and auxiliary services
to senior citizens, as defined by state and federal standards.
SENIOR LIVING COMMUNITY
An assisted living community or an independent living community
in which the premises, building or buildings provide congregate living
arrangements in which at least one person occupying each residential
unit meets the definition of elderly and in which all other occupants
of each residential unit shall be an adult person.
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, habitats for threatened,
endangered or special concern species.
[Added 12-7-2006 by L.L. No. 4-2006]
SERVICE ESTABLISHMENT
A property primarily used for ceremonial, cultural, exhibit,
fraternal, funereal, recreational, religious, meeting or social activities
offered to the general public, regardless of whether or not a fee
is charged; where the sale of any goods or merchandise is clearly
incidental to the activity of the property.
SERVICE STATION
Any area of land, including structures, that is used or designed
to be used for the supply of gasoline or oil or other fuel for the
propulsion of motor vehicles and which may include facilities used
or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing or repairing such
motor vehicles.
SETBACK
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
SEWER DISPOSAL SYSTEM
Any structure, pumping system and piping system which provides
sewage disposal for more than one property.
[Added 6-6-1996]
SIDEWALK CAFE
An area adjacent to and directly in front of a street level
eating or drinking establishment located within the sidewalk area
of the public right-of-way exclusively for dining, drinking and pedestrian
circulation. The encroachment area of a sidewalk cafe may be separated
from the remainder of the sidewalk by railings, fencing or landscaping
planter boxes, or a combination thereof.
SIGN
Any rigid material, structure or device or part thereof composed
of a logo or lettered or pictorial matter or upon which a logo, lettered
or pictorial matter is placed when used or located out-of-doors or
outside or upon the exterior of any building.
SIGN, A-FRAME OR SANDWICH
A specific type of mobile sign which is typically constructed
or shaped in the form of the letter "A."
SIGN, ATTACHED
A sign painted on the outside of a building or affixed to
and erected parallel to the face of the building and supported throughout
its length by such building.
SIGN, BILLBOARD OR ADVERTISING
A sign or structure which directs attention to an idea or
product, business activity, service or entertainment which is primarily
conducted, sold or offered elsewhere than upon the premises on which
sign is located or affixed.
SIGN, DETACHED
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure.
SIGN, ILLUMINATED
Any sign which emanates light, either by means of exposed
tubing or lamps or other electric means on its surface or by means
of illumination transmitted through the sign surface, or which reflects
lights from a source intentionally directed upon it.
[Added 2-7-2013]
SIGN, OFF-SITE
A sign which contains advertising which does not apply to
premises or any use of premises wherein it is displayed or posted.
SIGN, PORTABLE
Any sign not permanently affixed to the ground or to a building,
including any sign attached to or displayed on a vehicle, that is
used for the expressed purpose of advertising a business establishment,
product, service or entertainment when said sign or vehicle is so
placed as to attract the attention of the motoring or pedestrian traffic.
SIGN, TEMPORARY
A display, informational sign, banner or other advertising
device constructed of cloth, canvas, fabric, wood or other temporary
material, with or without a structural frame, and intended for a limited
period of display, including decorative displays for holidays or public
demonstrations.
SILVICULTURAL PLAN
A brief narrative describing the intensity and age classes
of trees to be removed (including their approximate percentage) and
the time between thinning cycles.
[Added 4-5-2007]
SILVICULTURE
An ongoing practice involving the dedicated and cyclic use
of land expressly for the production of timber or other forest-related
products.
[Added 11-10-2005; amended 4-5-2007]
SOIL DISTURBING ACTIVITY
Any activity which directly or indirectly changes the natural
topography or vegetation cover of an area by excavation or clearing
of trees, except silviculural activities.
[Amended 4-5-2007]
SOIL EROSION AND SEDIMENT CONTROL PLAN
A plan which fully indicates the necessary land protection
and structural measures, including a schedule of the timing of their
installation, which shall effectively minimize soil erosion and sediment
yields.
SPECIAL USE
A use that would not be appropriate generally or without
restrictions throughout the zoning district and may be subject to
special requirements, different from those usual requirements for
the district in which conditional use may be located.
SPECIAL USE PERMIT
A permit issued by the Zoning Board of Appeals, Planning
Board or Town Board authorizing the commencement of a particular special
use.
[Amended 8-1-2019]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
[Added 12-7-2006 by L.L. No. 4-2006]
STABLE, PRIVATE
An accessory building in which horses are kept for private
use and not for remuneration, hire or sale.
STABLE, PUBLIC
An accessory building in which horses are kept for commercial,
use including training, teaching, boarding, hire and sale.
STOP-WORK ORDER
An order issued which requires that all construction activity
on a site be stopped.
[Added 12-7-2006 by L.L. No. 4-2006]
STORAGE SHED
An accessory building used to store materials or small equipment,
not including vehicles, which supports the principal use of the site.
STORM DRAINAGE SYSTEM
All structural works and grounds alterations, as well as
natural drainage patterns, which affect or regulate the flow of surface
drainage, including those used to intercept, collect and transmit
water or to discharge water above or below ground level.
[Added 8-4-2005]
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
[Added 12-7-2006 by L.L. No. 4-2006]
STORMWATER HOTSPOT
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 12-7-2006 by L.L. No. 4-2006]
STORMWATER MANAGEMENT
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 12-7-2006 by L.L. No. 4-2006]
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
[Added 12-7-2006 by L.L. No. 4-2006]
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to
accept and review stormwater pollution prevention plans, forward the
plans to the applicable municipal board and inspect stormwater management
practices. Plan reviews and site inspections may be delegated to a
consultant paid for by the applicant; however, the final approval
must be made by a municipal employee or board member.
[Added 12-7-2006 by L.L. No. 4-2006]
STORMWATER MANAGEMENT PRACTICES (SMPs)
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 12-7-2006 by L.L. No. 4-2006]
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
[Added 12-7-2006 by L.L. No. 4-2006]
STORY
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. A basement shall be counted as a "story" if its ceiling
is over six feet above average level of the finished grade adjoining
the exterior walls of such story or if it is used for business or
dwelling purposes.
STREAM CHANNEL PROTECTION VOLUME
Designed to protect stream channels from erosion by providing
twenty-four-hour extended detention of the one-year, twenty-four-hour
storm event.
[Added 12-7-2006 by L.L. No. 4-2006]
STREET
A public or private road which affords the principal means
of access to abutting properties.
STRUCTURE
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on or in the ground, other than public utility systems, for local
distribution, located within a public right-of-way.
[Amended 6-6-1996]
SURFACE WATERS OF THE STATE OF NEW YORK
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 12-7-2006 by L.L. No. 4-2006]
SWIMMING POOL
Any artificial pool or structure intended for bathing or
swimming purposes, made of concrete, masonry, metal or other impervious
material, over 12 inches in depth, and shall include both aboveground
and in-ground pools.
TAVERN
Any premises wherein alcoholic beverages are sold at retail
for consumption on the premises. It shall not mean a premises wherein
such beverages are sold in conjunction with the sale of food for consumption
on the premises and the sale of said beverages comprises less than
25% of the gross receipts.
TAXI DISPATCH FACILITY
An establishment for the storage of taxicabs or similar vehicles
in conjunction with an office space used as a central facility for
the dispatch of the vehicles.
[Added 12-6-2001]
TELECOMMUNICATION TOWER
Any structure greater than 35 feet in height, which is capable
of receiving and/or transmitting signals (for the purpose of communication).
[Added 6-6-1996]
TEMPORARY MERCHANT
A merchant or vendor who chooses a specific location within
the Town upon which to erect or park a cart, tent, wagon, truck or
stand from which to engage in merchandising, with the intent to return
to the same location each day. This category shall include temporary,
off-premises roadside stands established for the purpose of selling
vegetables, fruit or other farm products; food wagons; Christmas trees;
and any nonperishable goods. A "temporary merchant" shall not have
a vested interested in the location and shall have written permission
from the owner(s) of the location to conduct the sale of the intended
products.
TIMBER HARVESTING
Commercial harvesting of merchantable trees on more than
one acre of land.
[Amended 11-10-2005; 4-5-2007]
TOURIST HOME
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
TOWNHOUSE
A single-family dwelling unit attached to another similar
dwelling unit, utilizing common open space and parking.
TRANSFER STATION
A solid waste management facility other than a recyclables
handling and recovery facility, used oil facility or a construction
and demolition debris processing facility, where solid waste is received
for the purpose of subsequent transfer to another solid waste management
facility for future processing, treating, transfer or disposal. Transfer
of solid waste from vehicle to vehicle for the purpose of consolidating
loads, as part of the initial collection process, is not considered
a "transfer station," provided that the transfer activity occurs along
the collection route where the point of transfer changes from day
to day. Transfer of leakproof, closed modular containers of solid
waste from vehicle to vehicle, including truck to train, for the purpose
of consolidating loads for shipment to an authorized disposal or treatment
facility is not considered a "transfer station," provided that the
contents of each container remain in its closed container during the
transfer between vehicles; storage remains incidental to transport
at the location where the containers are consolidated; containers
are acceptable to the New York State Department of Environmental Conservation
and maintained in a safe, nuisance-free (e.g., dust, odor, noise,
etc.) manner; and the transfer location is under the ownership or
control of the transporter.
TRANSIENT RESIDENCE
Hotels, motels, inns, tourist cabins and similar multiple
dwellings (excluding mobile home parks) intended to provide lodging
for transients on a temporary basis.
TRANSPORTATION FACILITY
An establishment which transports goods/products from one
location to another by dispatching from a central location to haul
goods/products from one location to another or to many other locations.
A transportation facility may also include accessory uses including
but not limited to an office, maintenance and repair of vehicles.
[Added 3-7-2002 by Res. No. 87]
TRUCK STOP
Any building, premises or land in which or upon which a business,
service, or industry involving the maintenance, servicing or storage
or repair of commercial vehicles is conducted or rendered, including
the dispensing of motor fuel or other petroleum products directly
into motor vehicles, the sale of accessories equipment for trucks
and similar commercial vehicles. A truck stop may also include overnight
accommodations and restaurant facilities solely for the use of truck
crews.
[Added 12-1-2005]
TRUCK TERMINAL
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another.
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
UTILITY STRUCTURES
Facilities, such as but not limited to electric lines and
poles, gas mains, water mains, sewer and communication lines, not
including, however, high-voltage transmission lines and poles.
UTILITY SUBSTATION
A subsidiary station such as but not limited to electric,
gas, water, sewer and communication.
VARIANCE, AREA
A modification of the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
of design or access, off-street parking, landscaping or signs) to
authorize, on a specific lot, a permitted use which could not feasibly
be established without relief from one or more of the dimensional
requirements pertaining to the district.
[Amended 7-2-1997]
VARIANCE, USE
A modification of the use regulations to allow the establishment,
on a specific lot, of a use otherwise prohibited in the district.
[Amended 7-2-1997]
WAREHOUSE
A building used primarily for the storage and distribution
of manufactured products, supplies, food and equipment.
WAREHOUSING AND DISTRIBUTION
A use engaged in, but not limited to, storage, wholesale
and distribution of manufactured products, supplies and equipment,
but excluding explosives or bulk storage of materials that create
hazardous or commonly recognized offensive conditions.
[Amended 6-7-2007]
WATERCOURSE
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
[Added 12-7-2006 by L.L. No. 4-2006]
WATER DISTRIBUTION SYSTEM
Any structure, pumps and piping system which supplies potable
water to more than one property.
[Added 6-6-1996]
WATER QUALITY VOLUME
A calculated volume of water designed to improve water quality
sizing to capture and treat 90% of the average annual stormwater runoff
volume.
[Added 12-7-2006 by L.L. No. 4-2006]
WATERWAY
A channel that directs surface runoff to a watercourse or
to the public storm drain.
[Added 12-7-2006 by L.L. No. 4-2006]
WETLAND
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support and
that under normal circumstances does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation." Note: Certain areas may be classified
as designated wetlands by state and federal agencies.
WHOLESALE TRADE
Establishments or places of business primarily engaged in
selling merchandise to retailers, industries, commercial institutions
or professional business users or to other wholesalers; or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
[Added 8-4-2005]
WOODWORKING SHOP
A shop where woodworking activities are carried out, including
construction, repair, refinishing of furniture and decorative woodcrafts.
Showrooms are prohibited.
YARD
An open, unoccupied space on the same lot with a main building.
The depth, for front or rear yards, or width, for side yards, shall
be measured as the least distance between nearest covered portion
of the building and the property line or right-of-way, whichever is
shorter.
YARD, FRONT
The required open space extending along the street line of
any street on which the lot abuts.
YARD, REAR
The required open space extending along the rear lot line
(not a street line) throughout the whole width of the lot.
YARD, SIDE
The required open space extending along the side lot line
from the front yard to the rear yard.
ZONE
A mapped area to which a uniform set of regulations applies.
ZONING OFFICER
An individual responsible for overseeing and coordinating
the administration of the Zoning Ordinance and Subdivision Regulations.