Except as otherwise provided herein, words and
terms used shall have their usual and customary meanings. As used
in this chapter, the following terms shall have the meanings indicated:
ABANDONED
A dwelling, motor vehicle, household or business appliance
or equipment, including parts thereof, if left unattended in a wholly
or partially dismantled condition and not capable of being used, or
licensed or permitted for its intended purpose, without substantial
repairs.
ACCESSORY BUILDING OR STRUCTURE
The term applied to a building which:
A.
Is customarily incidental and subordinate to
and serves a principal building;
[Amended 9-7-2010 by L.L. No. 1-2010]
B.
Is subordinate in area, extent and purpose to
the principal building served;
[Amended 9-7-2010 by L.L. No. 1-2010]
C.
Contributes to the comfort, convenience or necessity
of occupants of the principal building use; and
[Amended 9-7-2010 by L.L. No. 1-2010]
D.
Is located on the same parcel as the principal
building.
ACCESSORY USE
A use incidental and subordinate to the principal use of
a building on the same lot and serving a purpose customarily incidental
to the use of the principal building. In residential zones accessory
use is limited to the occupant of the premises.
ACTION
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Town
of Parma.
ADULT BOOKSTORE
A business enterprise, whether retail or wholesale, having
more than 5% of its net floor space set aside or more than 5% of the
value of its stock in trade allocated to recordings, books, magazines,
pamphlets, pictures, drawings, photographs, periodicals, films, video
tapes/cassettes or other viewing materials for sale or viewing on
or off the premises, which are distinguished or characterized by their
emphasis on matters depicting or describing human males and/or females
in full or partial nudity, including but not limited to displaying
male or female genitals, pubic areas or buttocks, with less than a
full opaque covering or related to sexual activities.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity; or
B.
Live performances which are characterized by
the exposure of human male or female genitals, pubic areas or buttocks
with less than a full opaque covering or which are characterized by
performers that carry out or simulate sexual activities; or
C.
Films, motion pictures, video cassettes, slides
or other photographic reproductions which are characterized by the
depiction of human male or female genitals, pubic areas or buttocks
with less than a full opaque covering or which are characterized by
performers that carry out or simulate sexual activities.
ADULT-CARE FACILITY
A facility which is authorized in accordance with the rules
and regulations of the New York State Department of Social Services
to provide residential services, supervision and care to adults who
do not require continual medical or nursing care from a hospital,
health-related facility or nursing home, but who, by reason of limitations
associated with age, physical or mental disabilities or other factors,
may not be able to live independently.
ADULT ENTERTAINMENT ESTABLISHMENT
Any business enterprise having as more than 5% of its net
floor space set aside for the presentation of live shows, motion-picture
films or sound recordings, or similar visual or audio material, which
are characterized by their emphasis on the description or depiction
of human male or female genitals, pubic areas or buttocks with less
than a full opaque covering or specified sexual activities; or any
business enterprise at which entertainers or waiters and waitresses
appear in a state of nudity or display male or female genitals, pubic
areas or buttocks; or any business enterprise that offers services
requiring the client or customer to appear in a state of nudity or
to display male or female genitals, pubic areas or buttocks, except
medical and health service establishments.
ADULT MOTION-PICTURE THEATER
An enclosed structure, or portion thereof, used for presenting
materials distinguished or characterized by an emphasis on matters
depicting, describing or relating to human male or female nudity or
depicting human male or female genitals, pubic areas or buttocks,
for observation by patrons.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment
which features persons who appear in a state of nudity or provide
live performances which are characterized by the exposure of human
male or female genitals, pubic areas or buttocks by performers or
performers that carry out or simulate sexual activities.
AGRICULTURAL OR FARMING ACTIVITIES
The use of the land for agricultural purposes, including
but not limited to: dairying, field cash crops, pasturage, fruit and
vegetable farms, nurseries, animal and poultry husbandry, and the
necessary accessory uses for storage; provided, however, that the
operation of any such accessory use shall be incidental to that of
the principal agricultural activities.
AIRSTRIP
Any area of land designed for the operation of general aviation
aircraft, including hangars for storage and servicing, taxiways, landing
strips and accessory uses.
AIRSTRIP, PRIVATE
An airstrip, as defined above, used solely for the benefit
of the landowner and for emergency landing when necessary.
ALLEY
A public or private way not more than 40 feet wide affording
only secondary means of access to abutting property.
ALTERATIONS
As applied to a building or structure:
A.
The change or rearrangement in the supporting
members of a building or structure such as bearing walls, columns,
beams or girders or in the exit facilities;
B.
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
C.
The moving from one location or position to
another; and
D.
Any alteration whereby a structure is adapted
to another or different use, including any separation into rooms or
spaces by the installation of nonbearing partitions.
ANIMAL BOARDING
The keeping of any horse or animal on the premises that is
not owned by the owner or lessee of said premises for commercial or
noncommercial purposes.
[Amended 8-16-2011 by L.L. No. 2-2011]
ANIMAL FARM
The keeping of more than three same kind animals more than
four months old for either commercial or noncommercial purposes, including
but not limited to poultry, cattle and horses.
[Amended 8-16-2011 by L.L. No. 2-2011]
ANIMAL HOSPITAL
A facility providing for temporary keeping or the examination,
diagnosis, treatment or care of animals for the purpose of curing
injuries, diseases or ailments of animals.
ANTENNA
A structure or mount supporting a system of wires, rods,
discs, dish, horns or similar devices used for the transmission and/or
reception of electromagnetic waves.
APARTMENT
A dwelling unit that is intended to be leased or rented.
This term shall not be deemed to include a motel, hotel, boardinghouse
or travel trailer.
APARTMENT BUILDING
A building arranged, intended or designed to provide three
or more dwelling units independent of each other, but having common
hallways and entrances.
APPEAL
A request for a review of the Code Enforcement Officer's
interpretation of any provision of this chapter or a request for a
variance.
AREA
The extent of horizontal surface contained within the boundaries
or extremities of land or building. Also see "lot area."
AREA OF SHALLOW FLOODING
A designated AO, AH or VO Zone on a community's Flood Insurance
Rate Map (FIRM) with a one-percent or greater annual chance of flooding
to an average annual depth of one to three feet where a clearly defined
channel does not exist, where the path of flooding is unpredictable
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, AO, A1-30, A99, V, VO, VE
or V1-30. It is also commonly referred to as the base floodplain or
one-hundred-year floodplain.
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year. This term is also currently known and
referred to as the "one-hundred-year flood."
BASEMENT
The space of a building that is partly below grade, which
has more than half of its height, measured from floor to ceiling,
above the average established finished grade of the ground adjoining
the building. For purposes of defining a basement, as further required
under the National Flood Insurance Program (NFIP), the term shall
mean that portion of a building having its floor subgrade (below ground
level) on all sides. In addition to the above, a crawlspace that exists
(or is proposed) below subgrade on all sides is also considered to
be a basement under the NFIP.
BED-AND-BREAKFAST (B&B)
A one-family dwelling in which sleeping rooms, integral with
the residents' quarters, are rented to transient guests, and service
includes light meals.
BLOCK
The length of a street between two intersections.
BREAKAWAY WALL
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or the supporting foundation system.
BUFFER AREA
A continuous strip of land area covered with grass, vegetation,
trees, fencing, embankments or berms, and designed to provide a physical
screen preventing visual access from one use to another and to reduce
the escape and/or intrusion of litter, fumes, dust, noise or other
noxious or objectionable elements.
BUILDING COVERAGE, PERCENT OF
The percent of building coverage of any lot shall be equal
to 100 times the ratio of the gross horizontal area of all principal
and accessory buildings that have roofs on them (including covered
breezeways, covered porches, covered cantilevered structures, etc.)
measured from the exterior faces of the exterior walls but shall not
include any structure (such as a patio or deck) that does not have
a roof, divided by the horizontal area of the lot.
BUILDING GROUP
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls, extending from the
ground up.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished grade level, touching the exterior walls of the building,
to the average height of a pitched, gabled, hip or gambrel roof, excluding
bulkheads and other roof construction.
BUILDING LINE
A line formed by the intersection of a horizontal plane at
an average grade level and a vertical plane that coincides with the
exterior surface of the building or a projected roof or porch. The
vertical plane will coincide with the most projected surface, excluding
steps and overhanging eaves less than two feet in width. All yard
and setback requirements are measured to the building lines.
BUILDING PERMIT
A written permit issued by the Code Enforcement Officer documenting
compliance with the Uniform Code.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS
Includes the purchase, sale or any other transaction involving
the handling, servicing or disposition of any article, substance or
commodity, tangible or intangible, and includes offices, recreational
and amusement enterprises and any operation where the above-described
activities are conducted in return for remuneration of any type. For
the purpose of this chapter, "business" shall have the same meaning
as commercial, and reference to commercial districts or zones shall
be interpreted as referring to business districts.
CAMPING GROUND
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, A-frames and the motor vehicles
propelling or carrying the same, but excluding mobile homes, A-frames
or other structures designed for year-around occupancy or as a place
of residence.
CANTILEVER
The free part of a horizontal member of a structure projecting
beyond a support.
CAR WASH
A structure or building designed for the washing, waxing
or similar treatment of automotive vehicles as its principal function.
A filling station having portable washing equipment shall not be deemed
to be a car wash where such is an accessory service to the principal
service of the filling station.
CELLAR
That portion of a building that is partially or entirely
below grade and has more than 1/2 of its height (measured from floor
to ceiling) located below the average finished grade of the ground
adjoining the building.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Code Enforcement Officer upon
completion of a change in use of an existing building or upon the
completion of a project that requires a building permit. Said certificate
shall acknowledge compliance with all requirements of the Town's Code,
local laws, variances and special permits in existence as of the date
of the issuance of the certificate of compliance and applicable New
York State codes.
[Amended 4-15-2003]
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon
completion of construction or alteration of a building. Said certificate
shall acknowledge compliance with all of the requirements of the Uniform
Code.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street right-of-way lines.
CLUB
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
they are not conducting any vending stands, merchandising or commercial
activities, except as required generally for the membership and purposes
of such club or as permitted by separate ordinance or local law.
CLUSTER DEVELOPMENT
A development of residential lots, some of which may contain
less area than the minimum lot area required for the zone within which
such development occurs, while maintaining the density limitation
imposed by said minimum lot area through the provision of open space
as part of the site development plan.
COASTAL HIGH-HAZARD AREA
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources. The area is designated on a FIRM as Zone V1-30, VE,
VO or V.
COMMON AREA
Space reserved for use by any and all residents of a housing
development, including but not limited to halls, stairways and landings
in apartment houses.
CONDOMINIUM
An ownership arrangement in which the interior of a housing
unit is individually owned, while the exterior, including land and
facilities (common elements), is owned in common by all homeowners
in the development. The owner has title to the interior individual
dwelling and a shared interest in the common elements.
CORNER LOT
A piece of property that abuts two intersecting roads, or
proposed road.
CUL-DE-SAC
A minor street intersecting another street at one end and
terminated at the other end by a circular vehicular turnaround.
CURB LEVEL
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the curb level is
the average of the mean levels of the curb on the two intersecting
streets. Where no such grade has been established, the Superintendent
of Highways shall establish same.
DAY-CARE CENTER
A facility duly permitted by the New York State Department
of Social Welfare, for the care of either six or more children, or
six or more adults, for less than 24 hours a day on a regular basis.
DEDICATION
The deliberate appropriation of land by its owner for any
general public use, reserving to himself no other rights than such
as are compatible with the full exercise and enjoyment of the public
use to which the property has been devoted.
DEVELOPMENT
Any storage of equipment and materials, or man-made change
to improved or unimproved real estate including, but not limited to,
buildings or other structures, mining, dredging, filling, paving,
excavation or drilling operations.
DISTRICT
A portion of the territory of the Town of Parma within which
certain uniform regulations and requirements, or various combinations
thereof, shall apply under this chapter and other Town of Parma local
laws or regulations.
DOCK
A structure designed to provide access from the shore to
a water body for swimming, boating or other recreational use.
DRIVE-IN SERVICES
A facility providing service or delivery of goods to persons
in a vehicle, the vehicle being driven to a position designed to provide
that service or goods from inside a building.
DRIVEWAY
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a driveway.
DWELLING
A building or portion thereof designed or used as the living
quarters for one or more families or for individuals. The term "dwelling"
shall not be deemed to include a motel, hotel, boardinghouse or recreational
vehicle. See also "building" and "structure."
DWELLING, MANUFACTURED
A factory-built residential dwelling unit designed to be
occupied as a dwelling, complete and ready for occupancy except for
minor and incidental unpacking and assembly operations and placement
on a permanent foundation and connections to utilities. Manufactured
housing built after June 15, 1976, shall meet the National Manufactured
Home Construction and Safety Standards as set forth by the United
States Department of Housing and Urban Development and applicable
New York State codes. A recreational vehicle shall not be considered
as a manufactured dwelling, nor may be it used as such.
[Amended 4-15-2003]
DWELLING, MULTIPLE- (MULTI) FAMILY
A residential building designed for, or occupied by, three
or more families living independently of each other with the number
of families in residence not exceeding the number of dwelling units
provided.
DWELLING, SINGLE-FAMILY
A detached residential dwelling unit designed for and occupied
exclusively by one or more persons living as a single nonprofit housekeeping
unit.
[Amended 4-15-2003]
DWELLING, TWIN HOME
A two-family dwelling in which a lot line passes between
the units along a common wall.
[Added 10-18-2005]
DWELLING, TWO-FAMILY
A detached residential building, containing two dwelling
units, designed and used for occupancy by two families living independently
of each other as nonprofit housekeeping units. A duplex is a two-family
dwelling which is designed with a common wall.
DWELLING UNIT
A building or portion thereof providing complete living facilities
and used for occupancy by a single family or persons living as a single
nonprofit housekeeping unit.
EASEMENT
A specified (limited) use of private land for a public or
quasi-public purpose.
ELEVATED BUILDING
A nonbasement building: built, in the case of a building
in Zones A1-30, AE, A, A99, AO, AH, B, C, X or D, to have the top
of the elevated floor, or in the case of a building in Zones V1-30,
VE or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water; and adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH,
B, C, X or D, "elevated building" also includes a building elevated
by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of floodwaters. In
the case of Zones V1-30, VE or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
that meet the federal standards.
ENVIRONMENTAL ASSESSMENT FORM (EAF)
The form required by Town agencies to assess the potential
environmental impacts of a proposed action and to determine the environmental
significance of a proposal.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities, or any government department or commission, of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies, or to the public health or safety or general facilities
or sites for the disposal of waste materials associated with the provision
of such services. Maintenance facilities, including storage yards
and buildings, associated with the operation of essential services
are also included within the definition of this term.
EXCAVATION
The process of the removal or stockpiling of sand, gravel,
soil (including topsoil) or other natural deposits by stripping, digging
or other means.
EXCAVATION SITE
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
See also "mining permit."
FAMILY
One or more persons, whether related or not by birth, blood,
marriage or adoption, living together as a single nonprofit housekeeping
unit in a dwelling unit.
FARM
Any parcel containing at least five acres of land which is
used for agricultural or farming activities. It includes necessary
farm structures and the storage of equipment used.
FARM BUILDING
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, and provided that such building is located on, operated
in conjunction with and necessary to the operation of the farm.
FENCE
A structure of wood, masonry, wire mesh or other material,
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property.
FILLING STATION
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A filling station may include accessory facilities
for rendering service for motor vehicles, such as lubricating, washing
and minor repairs.
FINISHED GRADE LEVEL
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
average elevation of the finished grade level, along the wall to which
the setback applies.
FLEA MARKET
The sale of goods or services by one or more vendors on a
site and primarily out-of-doors but from within stalls, booths or
other specified sales locations. The term as defined excludes yard
sales and garage sales at a private residence.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's Flood
Insurance Study. The FBFM delineates a regulatory floodway along watercourses
studied in detail in the Flood Insurance Study.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of the flood
hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of flood-related erosion
hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Federal Emergency
Management Agency, where the boundaries of the areas of special flood
hazard have been designated as Zone A but no flood elevations are
provided.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
FLOOD or FLOODING
A.
A general and temporary condition of partial
or complete inundation of normally dry land areas from:
(1)
The overflow of inland or tidal waters.
(2)
The unusual and rapid accumulation or runoff
of surface waters from any source.
B.
The collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining
caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as a flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results
in flooding as defined in Subsection A(1) above.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY
The same meaning as "regulatory floodway."
FLOOR
The top surface of an enclosed area in a building (including
basement), i.e., top of slab in concrete slab construction or top
of wood flooring in wood frame construction.
FLOOR AREA
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the floor area used or intended
to be used by tenants or for service to the public as customers, patrons,
clients or patients, including areas occupied by fixtures and equipment
used for the display or sale of merchandise. It shall not include
areas used principally for nonpublic purposes such as storage, incidental
repair, processing or packaging of merchandise, for shop windows,
for offices incidental to the management or maintenance of stores
or buildings, for toilet or rest rooms, for utilities or for dressing
rooms, fitting rooms or alteration rooms.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of all of the floors
of a building or buildings, measured from the outside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service types of uses, gross
floor area shall not include areas used principally for nonpublic
purposes such as storage, rest rooms, fitting or alteration rooms
or general maintenance, or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLE
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation or combination thereof. A floor used only for
storage purposes is not a habitable floor. All dimensions shall be
measured from the exterior faces of exterior walls or from the center
line of the base of walls separating two dwelling units.
GARAGE, PRIVATE
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot on which it
is erected, with no provision for repairing or servicing such vehicles
for profit.
GARAGE SALE
The periodic sale on a residential lot of household items
or other tangible personal property which is advertised to the public
at large. Also known as yard, household, or tag sale.
GROUND FLOOR AREA
The maximum horizontal area of a building at the ground level.
The minimum ground floor area refers to the principal residence within
the exterior limits of the principal foundation walls, excluding all
accessory buildings, private garages, porches, patios or other accessory
structures.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
C.
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(1)
By an approved state program as determined by
the Secretary of the Interior; or
(2)
Directly by the Secretary of the Interior in
states without approved programs.
HOME BUSINESS
An accessory use conducted within a single-family, occupied
dwelling or an attached or detached accessory structure for gainful
employment involving the manufacture, provision or sale of goods and
services principally on the premises, and which is not included within
the definition of "home occupation."
[Added 4-15-2003]
HOME OCCUPATION
Any occupation or profession, including family home day care,
conducted entirely within a dwelling or a building accessory to the
dwelling by the inhabitants thereof, and not more than one nonresident,
which is clearly incidental and secondary to the use of the dwelling
for residential purposes, does not change the character thereof. Except
for family home day care, a home occupation for the purpose of these
regulations shall not involve client or customer visits to the home.
[Amended 4-15-2003]
INTERIOR WALK
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
JUNK
Includes scrap metals and their alloys, bones, used materials
and products, such as rags and cloth, rubber, rope, tinfoil, bottles,
plastic, old tools and machinery, motor vehicles or other motorized
vehicles and their parts, fixtures and appliances, lumber, boxes or
crates, pipe and pipe fittings, and other manufactured goods that
are so worn, deteriorated or obsolete as to make them unusable in
their existing condition.
JUNKYARD
A.
A lot, land or structure, or part thereof, where
junk, waste, discarded or salvaged materials are bought, sold, exchanged,
sorted, baled, packed, disassembled, handled or abandoned, including:
motor vehicles or other motorized vehicles and their parts; machinery,
wrecking or dismantling yards; house wrecking yards; used lumber yards;
places or yards for storage of salvaged house wrecking and structural
steel materials and equipment; or where any unregistered motor vehicle
is held outside of a completely enclosed building, whether for the
purpose of reclaiming for use some or all the materials therein, or
for the purpose of storage or disposing of the same for any other
purpose. The term "junkyard" shall not include pawn shops and establishments
for the sale, purchase or storage of used furniture, household equipment
and clothing, or for processing of used, discarded or salvaged materials
as part of manufacturing operations.
B.
Exceptions:
(1)
New and/or used motor vehicles which are operable,
qualify for a current New York State motor vehicle inspection sticker
under Article 5 of the New York Vehicle and Traffic Law and are offered
for sale to the public may be stored on premises on which new or used
car sales may be conducted in accordance with the provisions of this
chapter.
[Amended 4-18-2000 by L.L. No. 1-2000]
(2)
The storage of vehicles subject to seasonal
use such as recreational vehicles and snowmobiles, even though such
vehicles may be unlicensed during the part of the year they are not
in use.
(3)
The storage of agricultural equipment, machinery
and vehicles which are being used in bona fide farm operation.
KENNEL
See "animal farm."
[Amended 8-16-2011 by L.L. No. 2-2011]
KITCHEN
Any part of a space, room or dwelling unit which is used
for the preparation of food, including, at least, a refrigerator,
sink and cooking device.
LANDSCAPED AREA
The area required or permitted to be devoted to landscaping
and environmental improvement, which may include existing and new
vegetation, berms, lighting, street furnishings, and ornamental features
which are integrated with the vegetation.
LAUNDROMAT
A building 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 an apartment hotel.
LIVERY
The rental of horses or carriages for gain or commercial
purposes.
LOADING SPACE, OFF-STREET
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
LOCAL ADMINISTRATOR
The person appointed by the Town Board to administer and
implement this chapter by granting or denying development permits
in accordance with its provisions. This person shall be the Code Enforcement
Officer.
LODGING ROOM
A room rented as sleeping and living quarters, but without
cooking facilities, with or without an individual bathroom.
LOT
A parcel of land considered as a unit, devoted to a certain
use and occupied, or capable of being occupied, by a building or group
of buildings that are united by a common interest or use, and the
customary accessory uses and open space belonging to same.
LOT AREA
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
LOT, CORNER
A parcel of land at the junction of, and fronting on, two
or more intersecting streets. For determination of minimum setbacks,
all corner lots shall be deemed to have two front yards, a side yard,
and a rear yard. Rear yard shall be determined as the area behind
the house, opposite of the main entrance door to the structure. Refer
to the example in Figure 1.
[Amended 10-18-2022 by L.L. No. 4-2022]
LOT DEPTH
The minimum horizontal distance from the front lot line of
a lot to the rear line, measured at right angles (90°) to the
front lot line.
LOT, FLAG
An approved lot having less lot width than otherwise normally
required for the zone district. The portion of the lot that provides
access to the interior portion of the lot shall not be less than 20
feet in width, shall not be considered buildable and shall not be
used in the calculation of the minimum lot area requirements for the
zone district. The interior portion of the lot shall meet the minimum
lot area requirements for the zone district.
A.
FLAG LOT ACCESSThe panhandle portion of a flag lot having at least 20 feet in lot width and which provides an access corridor between a public road, street or highway right-of-way to the interior portion of a flag lot.
[Amended 4-18-2000 by L.L. No. 1-2000]
B.
INTERIOR FLAG LOTThat portion of a flag lot having sufficient lot area, width and depth to meet the minimum requirements of the zone district.
[Amended 4-18-2000 by L.L. No. 1-2000]
LOT FRONTAGE
The front of a lot shall be construed to be the portion nearest
the street. For the purposes of determining yard requirements on corner
lots, all sides of a lot adjacent to streets shall be considered front
yards.
LOT LINE, FRONT
The line separating the lot from the boundary of the highway
or right-of-way upon which the lot abuts.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line.
LOT LINE, SIDE
The lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a "side street lot
line."
LOT OF RECORD
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
LOT, THROUGH
A lot which is not a corner lot and which has frontage on
two streets.
LOT WIDTH
The horizontal distance between the side lot lines measured
parallel to the street line at the front setback line.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including crawl
space, basement or cellar). An unfinished or flood resistant enclosure
usable solely for parking of vehicles, building access or storage
in an area other than a basement area is not considered a building's
lowest floor; provided that such enclosure is not built so as to render
the structure in violation of the applicable nonelevation design requirements
of this chapter.
MEAN SEA LEVEL
For the purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map are referenced.
MINING PERMIT
A valid permit from the New York State Department of Environmental
Conservation issued pursuant to Title 27, Article 23, of the Environmental
Conservation Law. See also "excavation."
MOBILE HOME LOT
A parcel of land within a mobile home park reserved for the
placement of a mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and/or improved for the placement of two or more mobile homes for
nontransient use.
MOBILE HOME STAND
That part of the mobile home lot which has been reserved
for the placement of a mobile home, appurtenant structure or additions,
including driveway apron and patio. The mobile home stand is derived
from the area of the lot which remains after all setbacks are met.
MOTEL
A building or buildings containing sleeping units for transient
guests and providing accessory off-street parking facilities; and
which may include restaurant facilities, and a dwelling unit for a
bona fide caretaker or operator. The term motel includes: hotels,
auto courts, motor lodges and similar terms. Each sleeping unit shall
contain not less than 240 square feet of living space.
MOTOR VEHICLE
Any vehicle which is propelled by a power other than muscular
power, except electrically driven invalid chairs being operated or
driven by an invalid. Motor vehicles shall include, but not be limited
to, motor vehicles, race cars, trucks, motorcycles, motor bikes, boats,
all terrain vehicles, snowmobiles, recreational vehicles, trailers
and tractors, including farm type tractors, etc.
MOTOR VEHICLE OR MOBILE HOME SALES
An open area, other than a street, used for the display,
sale, lease or rental of new or used motor vehicles or mobile homes
in operable condition and where no repair work is done.
MOTOR VEHICLE SERVICE STATION
Any building, structure or land used to disperse, sell or
offer motor vehicle fuels, oils or accessories, including lubrication,
washing, polishing or cleaning and the replacement or installation
of parts and accessories to motor vehicles, vans or trucks not exceeding
11/2 tons.
MOTOR VEHICLE WRECKING
The dismantling or disassembling of used motor vehicles or
mobile homes; or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked vehicles or their parts.
NEIGHBORHOOD CHARACTER
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. Neighborhood
character is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
NEW CONSTRUCTION
Structures for which the start of construction commenced
on or after the effective date of a floodplain management regulation
and includes any subsequent improvements to such structure.
NEW MOBILE HOME PARK OR SUBDIVISION
A mobile home park or subdivision for which the construction
of facilities for servicing the lots on which the mobile homes are
to be affixed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by a community.
[Amended 4-18-2000 by L.L. No. 1-2000]
NONCONFORMING BUILDING OR STRUCTURE
Any building or structure lawfully existing at the date of
enactment or amendment of this chapter, local laws or regulations
which in its design or location upon a lot does not conform to the
regulations specified in this chapter for the zone district in which
it is located.
[Amended 4-18-2000 by L.L. No. 1-2000]
NONCONFORMING LOT
A lot of record lawfully existing at the date of the enactment
or amendment of this chapter, local laws or regulations which does
not have either the minimum width, depth or area specified in this
chapter for the zone district in which it is located.
[Amended 4-18-2000 by L.L. No. 1-2000]
NONCONFORMING USE
Any use of land, buildings or structures lawfully existing
on the date of enactment or amendment of this chapter, local laws
or regulations which does not conform to the use regulations specified
in this chapter for the zone district in which it is situated.
[Amended 4-18-2000 by L.L. No. 1-2000]
NURSERY SCHOOL
A place provided or designed to provide daytime care or instruction
for three or more children from two to five years of age away from
their home for up to five hours per day.
NURSING CARE HOME
Any place or institution for the aged, infirm, senile, chronic
or convalescent, established to render, for compensation, domiciliary
care, custody, treatment and/or lodging of two or more persons who
require or receive special diet; assistance in feeding, dressing,
walking, administering medicines or carrying out the treatment of
a doctor licensed by the State of New York in any other ordinary daily
activities of life; or are confined to a bed or a chair. This item
does not include institutions for the treatment of the mentally ill,
hospitals, sanitariums, boardinghouses and the like.
OFFICE BUILDING
A building in which office use comprises more than 50% of
the total floor area. This compares with home occupations, where offices
are considered a secondary or incidental use.
OPEN SPACE
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
OPEN STORAGE
An unenclosed area used for the storage of motor vehicles,
equipment, materials, building supplies, stock, or supplies.
PARKING AREA, PUBLIC
An area, other than a street or other public way, used for
the parking of motor vehicles and available to the public.
PARKING SPACE, OFF-STREET
A space adequate for parking a motor vehicle, other than
motor vehicles offered for sale on the site, and having an area of
not less than 162 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto.
[Amended 4-15-2003; 1-15-2013 by L.L. No. 1-2013]
PERMITTED USE
Any use listed in any zoning district as permitted.
PERSON
Any individual, firm, partnership, corporation, association,
trustee, receiver or assignee or person acting in any other representative
capacity.
PLAN
A drawing on a flat surface showing the requirements as specified
by the Town of Parma Code. This may be supported with written information
where necessary for clarification.
PLAN, FINAL
A complete and exact subdivision or site plan, prepared for
official recording as required by statute, to define property rights
and proposed streets and other improvements.
PLAN, PRELIMINARY
A tentative subdivision or site plan, in lesser detail than
a final plan, showing approximate proposed streets and lot layout
as a basis for consideration prior to preparation of a final plan.
PLAN, SKETCH
An informal plan, not necessarily to scale, indicating salient
existing features of a tract and its surroundings, and the general
layout of the proposed subdivision or site.
PORTABLE ON-DEMAND STORAGE STRUCTURES
Any container, storage unit, shed-like container or other
portable structure that can or is used for the storage of personal
property of any kind and which is located outside an enclosed building
and which is not part of a motor vehicle.
[Added 1-15-2013 by L.L. No. 1-2013]
PRINCIPAL USE
The main or primary purpose for which a building, structure
or lot is to be used.
PROFESSIONAL AND BUSINESS OFFICES
Including, but not limited to, the following services: planner,
architect, landscape architect, doctor, dentist, insurance agency,
lawyer, engineer, accountant and realtor.
PROHIBITED USE
A use of a building, structure, lot or land, or part thereof,
which is not listed as a permitted use, accessory use or special permitted
use.
PUBLIC AND SEMIPUBLIC BUILDINGS AND USES
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
A.
Church, places of worship, parish houses and
convents.
B.
Public parks, playgrounds and recreational areas
when authorized or operated by a governmental authority.
C.
Nursery schools, elementary schools, secondary
schools, colleges or universities having a curriculum approved by
the Board of Regents of the State of New York.
D.
Golf courses and country clubs when occupying
not less than 50 acres, not including, however, clubs whose activities
includes the maintenance, storage or takeoff or landing of aircraft.
E.
Public libraries and museums.
F.
Fire, ambulance and public safety buildings.
G.
Hospitals for the care of human beings, nursing
homes, convalescent homes, homes for the adults, homes for the aged
or residences for adults as the same are defined under the Public
Health Law or the Social Services Law of the State of New York, provided
that they are duly licensed by the State of New York.
H.
Membership corporations established for cultural,
social or recreational purposes.
I.
Day-care centers approved by the New York State
Department of Social Services.
PUBLIC WAY
Any right-of-way open to the public for vehicular or pedestrian
access.
RECREATIONAL VEHICLE
A vehicle which is:
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured
at the largest horizontal projections;
C.
Designed to be self-propelled or permanently
towable by an automobile, SUV, or light-duty truck; and
[Amended 4-15-2003]
D.
Not designed primarily for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
165-83D(2) of this chapter.
[Amended 4-18-2000 by L.L. No. 1-2000]
RESERVOIR SPACE
Any temporary storage space for a vehicle waiting for service
or admission. Such space shall be in addition to drives, aisles or
parking space required by this chapter. One reservoir space shall
be 24 feet long and 10 feet wide.
RESIDENTIAL CARE FACILITY
A residence under public, voluntary nonprofit, or proprietary
sponsorship and regulated by an agency of the state or federal government;
it provides care and support services, other than twenty-four-hour
nursing care, for approximately five to 25 persons with disabilities
which may be developmental, emotional, physical, or social in origin.
RCF's are known by a number of names including agency operated boarding
home, group home, group residence, family care home, hostel and halfway
house.
RESTAURANT
Any establishment, however designed, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for on-premises consumption.
However, a snack bar refreshment stand at a public, semipublic or
community swimming pool, playground, playfield or park operated by
the agency or groups or an approved vendor operating the recreational
facilities and for the convenience of the patrons of the facility,
shall not be deemed to be a restaurant.
RESTAURANT, FAST-FOOD
A restaurant where patrons are not customarily served at
tables or sit-down counters; where all or a portion of the food is
prepared and wrapped, boxed, bagged or prepackaged or is prepared
in a manner in anticipation of customers; and where the customer places
an order at a common counter by waiting in line or by being served
through a sequential numbering system. Such uses as soft drink parlors,
ice cream and/or hot dog stands and the like shall be considered to
be in this general classification.
REVERSE FRONTAGE LOT
A lot extending between and having frontage on a major traffic
street and a minor street and with vehicular access solely from the
latter.
RIGHT-OF-WAY OR HIGHWAY LINE
The line, present or proposed, which is the joint boundary
line between a lot and the street or highway right-of-way.
ROADSIDE STAND
Retail outlets, with all related structures for the sale
of agricultural products grown on the farm upon which such stand is
located.
ROOMING HOUSE (BOARDINGHOUSE)
A dwelling other than a hotel, motel or tourist home, where
more than three persons are housed or lodged for hire with or without
meals. A rooming house is distinguished from a tourist home in that
it is designed to be occupied by longer term residents as opposed
to overnight or weekly guests.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
SATELLITE DISH ANTENNA
A combination of: an antenna whose purpose is to receive
communications or other signals from orbiting satellites and other
extraterrestrial sources; a low noise amplifier whose purpose is to
carry signals into the interior of a building.
SELF-SERVICE STORAGE FACILITY
A use that contains compartmentalized space for lease, rental
or sale to businesses or individuals for storage of materials or personal
property and allows such businesses or individuals to have access
to such space.
[Added 1-15-2013 by L.L. No. 1-2013]
SETBACK
The distance between the street line, rear or side lines
of the lot, and the front, rear and side lines of the building. All
measurements shall be made at right angles to or radially from the
lot lines to the nearest portion of the building lines. Setbacks from
street lines to building lines are defined as "front setbacks." Setbacks
from side lot lines are "side setbacks." Setbacks from rear lot lines
are "rear setbacks." The required front setbacks exclude entrance
steps or porches which are not more than seven feet in depth and which
are not enclosed.
[Amended 4-15-2003]
SHOPPING CENTER
A group of stores, shops and similar establishments occupying
adjoining structures or two or more commercial buildings located on
a single lot or adjacent lots, with such buildings developed as part
of a single integrated development with a common architectural design.
SIGHT DISTANCE
The maximum extent of unobstructed vision along a street
from a vehicle located at any given point on the street.
SIGN
Any material, structure or part thereof, or any device attached
to a building or structure or painted or represented thereon, composed
of lettered or pictorial matter, or upon which lettered or pictorial
matter is placed and is intended for display of an advertisement,
notice, directional matter or name, and includes sign frames, billboards,
sign boards, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs.
SIGN, BUILDING FRONT OR FACE
The outer surface of a building which is visible from any
private or public street, highway or driveway, including signs inside
window display areas.
SIGN, BUSINESS
A sign which directs attention to a business, profession
or industry conducted upon the premises or to a commodity or service
sold or offered by such business, profession or industry upon the
premises where such sign is located.
SIGN COPY AREA
The actual area of the background occupied by the sign. It
is computed by drawing straight lines adjacent to the closest extremities
of the individual letters or words and is computed in the same manner
when there is no background area. Where there is no background, the
size of the copy area shall be equal to what would be permitted if
the background were provided.
SIGN, DIRECTIONAL
A sign that directs attention to the location of a local
service or place of business.
SIGN ERECTION
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixage or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
SIGN, FREESTANDING
A sign or sign support structure that is not attached to,
or part of, a building or structure.
SIGN, GROUND
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
SIGN, ILLUMINATED
A sign lighted by electricity, gas or other artificial light,
including reflective or phosphorescent light, paint or tape.
SIGN LIGHTING DEVICE
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
SIGN, NONCONFORMING
A sign which exists at the time of enactment or amendment
of this chapter and which does not conform to the regulations and
restrictions imposed herein.
[Amended 4-18-2000 by L.L. No. 1-2000]
SIGN, OUTDOOR ADVERTISING
A sign which directs attention to a business, profession
or industry conducted or a commodity or service sold or offered on
a site other than upon the premises where such sign is located.
SIGN, PORTABLE OR MOBILE
A sign that is designed and intended to be transported from
place to place and is not permanently affixed to the ground or to
a building or structure. Portable signs may or may not have wheels.
SIGN, PROJECTING
A sign which is attached to the exterior of a building or
a structure and which extends beyond the surface of that portion of
the building or structure to which the sign is attached and not parallel
to the face of the building.
SIGN, ROOF
Any sign constructed on or supported by the roof of any building
or structure.
SIGN, TEMPORARY
A sign which is intended to advertise a community or civic
project, real estate for sale or lease, or other special events for
a limited period of time.
SITE PLAN
A plan, to scale, showing uses and structures proposed for
a parcel of land, including lot lines, streets, existing and proposed
buildings and structures, topography, rights-of-way, parking areas,
open space, and any other information deemed necessary by the Code
Enforcement Officer, Planning Board or Town Board, or Zoning Board
of Appeals.
SOLID WASTE
Garbage, refuse and other discarded solid materials, including
such materials resulting from industrial, commercial, residential
and agricultural operations and community activities.
SPECIAL PERMITTED USE
A use that would not be appropriate generally, or without
restriction throughout the zoning district, but which, if controlled
as to number, area, location or relating to the neighborhood, would
promote the public health, safety, order, comfort, convenience, appearance,
prosperity or general welfare. Such uses may be permitted in a zoning
district as a special permitted use only if specific provision for
such special permitted use is made in this chapter.
[Amended 4-18-2000 by L.L. No. 1-2000]
STABLE
A building in which any horses are kept for remuneration,
hire or sale.
STABLE, PRIVATE
A building in which horses are kept for the sole use of the
owner and for which there is no remuneration or hire.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase
of a project or physical alteration of the property, and shall include
land preparation, such as clearing, grading and filling; installation
of streets and/or walkways; excavation for a basement, footings, piers
or foundations or the erection of temporary forms. It also includes
the placement and/or installation on the property of accessory buildings
(garages, sheds), storage trailers and building materials.
STORY
That portion of a building between the surface of any floor
and the surface next above it; if there be no floor above it, then
the space between the floor and the ceiling next above it. A basement
shall be counted as a story, but a cellar shall not be counted as
a story.
STORY, HALF
A story with at least two opposite exterior sides meeting
a sloping roof not more than four feet above the floor of such story
and having a ceiling height of at least 71/2 feet over not more than
1/2 the total floor space.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting properties.
STREET GRADE
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.
STREET LINE
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
STRUCTURE
Any assembly of materials arranged, connected or installed
in a manner to allow temporary or permanent occupancy, use or shelter
for humans, animals, materials or equipment.
SUBDIVIDER
The owner, or authorized agent of the owner, of a subdivision.
SUBDIVISION
The division of any parcel of land into two or more lots,
plots, sites or other division of land, for the purpose, whether immediate
or future, of transfer of ownership or building development, and shall
include resubdivision.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
The term includes structures which have incurred substantial damage,
regardless of the actual repair work performed. The term does not,
however, include either:
A.
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
B.
Any alteration of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
SWIMMING POOL
Any man-made body of water or receptacle for water, which
has a capability of a depth of more than two feet at any point, used
or intended to be used for swimming, bathing or wading and installed
or constructed above or below ground. The term shall not apply to
farm ponds or drainage control facilities (i.e., detention or retention
ponds).
SWIMMING POOL, IN-GROUND
A swimming pool having 3/4 or more of its water content below
the level of the surrounding ground.
TEMPORARY USE
An activity conducted for a specific limited period of time
which may not otherwise be permitted by Town ordinances, laws or regulations.
Examples of such uses are structures incidental to new construction
which shall be removed after the completion of the construction work.
TOURIST HOME
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation. For purposes of
the Town Code, tourist home shall include bed-and-breakfast establishments.
TOWER
Includes any structure, including dish antennas, whether
attached to a building or freestanding and whether guyed or self-supporting,
designed to be used as, or for the support of, devices to be used
for the transmission and/or reception of radio frequency signals or
microwave, such as, but not limited to, broadcast, shortwave, citizens
band, cellular communications, paging, FM or television signals, wind-driven
devices such as energy converters and windspeed and/or direction indicators,
or any energy-creating enterprise or for personal observation.
TOWNHOUSE
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
TOWNHOUSE CLUSTERS
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
TOWNHOUSE DEVELOPMENTS
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
TRACT
Any body of land, including contiguous parcels of land, under
one ownership or under common control of any group of persons acting
in concert as part of a common scheme or plan.
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. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
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. A nonconforming use is one which does
not comply with the permitted uses of the zone district in which it
is located.
VARIANCE, AREA
Authorization by the Zoning Board of Appeals for the use
of land or buildings, in a manner which is not allowed by the dimensional
or physical requirements of this chapter. Area variances involve matters
such as setback lines, frontage requirements, lot size restrictions,
density regulations and yard requirements.
VARIANCE, USE
Authorization by the Zoning Board of Appeals for the use
of land or buildings for a purpose which is otherwise not allowed
or is prohibited by this chapter.
VEHICLE DEALER
An individual who sells more than five vehicles in a calendar
year.
WADING POOL
An artificially constructed pool intended for use by children,
not designed or used for swimming, with a maximum area of 100 square
feet and a maximum water depth of 18 inches.
WALL
A structure of wood, stone or other materials or combination
thereof intended for security, screening or enclosure, or for the
retention of earth, stone, fill or other materials as in the cases
of retaining walls or bulkheads.
WASTE
Constitutes any material temporarily or permanently discarded
or unwanted and not stored in a vermin-proof, sealed enclosure or
structure for subsequent disposal.
WINDMILL
An alternate energy device which converts wind energy, by
means of a rotor, to mechanical or electrical energy. A wind generator
may also be deemed a windmill.
WOODLOT
An area consisting of five or more contiguous acres with
more than 90% of its surface area covered in native or naturalized
trees. These tree species shall have an average d.b.h. (diameter at
breast height) of six inches or more. These areas shall not include
orchards or commercial tree plantations or areas overgrown with nontree
species.
YARD
A required open space unoccupied and unobstructed by any
structure or portion of a structure, and situated between the principal
building or group of buildings and the nearest lot line.
YARD, FRONT
A yard extending between the side lot lines across the front
of a lot adjoining a street; situated between the street line and
the building front line.
YARD, REAR
A yard extending between the side lot lines situated between
the rear line of the building and the rear lot line. In the case of
through lots, there shall be no rear yards, but only front and side
yards.
YARD, SIDE
A yard extending between the side building line and the nearest
side lot line; situated between the front and rear yards.
YARD WASTE
Brush, grass clippings, leaves, vegetable waste, shrub and
tree prunings six inches or less in diameter from residences and businesses
that require disposal.
YARD WASTE COMPOST
A compost made by composting leaves, grass clippings, sticks,
vegetable waste, and other small size yard debris.
ZONING PERMIT
Certification by the Code Enforcement Officer that the proposed
lots, structures, or uses of land and structures, and the characteristics
of such uses, are in conformity with this chapter. Such certification
may be issued prior to or in conjunction with the issuance of a building
permit pursuant to the NYS Uniform Code.
[Added 4-15-2003]