For the purpose of this chapter, certain words
and terms used herein shall be defined or used as follows:
A.
All words used in the present tense include the future
tense.
B.
All words in the plural number include the singular
number; and all words in the singular number include the plural number,
except as to the number of permitted structures, unless the natural
construction of the wording indicates otherwise.
C.
The word "person" includes an association, partnership
or corporation.
D.
Unless otherwise specified, all distances shall be
measured horizontally along the ground.
E.
The word "building" includes the word "structure."
F.
"Lot" includes the words "plot," "parcel," "tract"
or "site."
G.
The word "premises" includes a lot and all buildings
or structures thereon.
H.
"To erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
I.
"Used" shall be deemed also to include "designated,
intended or arranged to be used or occupied."
J.
"Shall" is mandatory and not discretionary; "may"
is discretionary and not mandatory.
As used in this chapter, the following administrative
agencies and officials shall be defined as follows:
The Zoning Board of Appeals of the Town of East Bloomfield.
The official designated by the Town Board of the Town of
East Bloomfield to enforce the provisions of this chapter and the
New York State Uniform Fire Prevention and Building Code in the Town,
as well as other local laws previously enforced by the Zoning Officer.
The Planning Board of the County of Ontario.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Town.
A newspaper that is printed not less frequently than once
a week in which legal notices may be published or a radio or television
station that regularly broadcasts news.
The Planning Board of the Town of East Bloomfield.
The Town Board of the Town of East Bloomfield.
The official duly elected to the position of Town Clerk of
the Town of East Bloomfield.
The official elected to the position of Town Superintendent
of Highways for the Town of East Bloomfield.
The official retained by the Town Board to serve as the administrator
of the Town of East Bloomfield Sewer District(s).
The official retained by the Town Board to serve as the administrator
of the Town of East Bloomfield Water Districts.
The official designated by the Town Board to enforce the
applicable provisions of all local laws and ordinances in effect in
the Town of East Bloomfield. See "Code Enforcement Officer."
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:
The term applied to a building, structure or use which:
Is customarily incidental and subordinate to
and serves a principal building or principal use;
Is subordinate in area, extent or purpose to
the principal building or principal use served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use; and
Is located on the same parcel as the principal
building or principal use.
The term applied to a building which:
Is customarily incidental and subordinate to
and serves a principal building;
Is subordinate in area, extent or purpose to
the principal building served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building use; and
Is located on the same parcel as the principal
building.
An accessory structure either existing on a residential lot
or added to a residential lot in the AR-2 and RR-1 zoning districts
used for the sole occupancy of family members; the accessory dwelling
unit shall be clearly incidental to the principal dwelling unit and
the structure's exterior appear to be single family.
[Added 6-28-2021 by L.L. No. 1-2021]
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.
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 East Bloomfield.
A business, whether retail or wholesale, having more than
5% of its net floor space set aside for or more than 5% of the value
of its stock-in-trade allocated to recordings, books, magazines, periodicals,
films, video tapes/cassettes, CD ROM or other viewing materials for
sale or viewing on or off the premises, which are distinguished or
characterized by their emphasis on matters depicting, describing or
related to sexual activities or specified anatomical areas customarily
associated with sexual activity.
[Amended 2-26-1996 by L.L. No. 1-1996]
Generally, any business, including, but not limited, to those
specifically enumerated in this chapter, which has more than 5% of
its net floor space set aside for or more than 5% of the volume of
its stock-in-trade devoted to the display, viewing or dissemination
of material distinguished or characterized by an emphasis or matter
depicting, describing or related to sexual activity or specified anatomical
areas, including, but not limited to, any establishment that allows
or promotes dancers, performers or employees, whether male or female,
to display specified anatomical areas.
[Amended 2-26-1996 by L.L. No. 1-1996]
Business directly related to supporting recognized agricultural
practices.
[Added 1-22-2001 by L.L. No. 1-2001]
Including but not limited to plant, nursery, greenhouse operations,
fruit growing and processing, dairy, animal husbandry, woodcutting,
firewood sales, feed and farming operations, storage of farm produce
and the repairing of farm implements incidental to the maintenance
of the agricultural operations.
[Added 8-22-2016 by L.L.
No. 2-2016]
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.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the State Agriculture and Markets Law, including
but not limited to:
[Added 8-22-2016 by L.L.
No. 2-2016]
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including greenhouses, nursery stock,
ornamental shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk and milk products, eggs, furs, and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Short-rotation woody crops raised for bioenergy.
Production or sale of woodland products, including but not limited
to logs, lumber, posts and firewood.
Any area of land designed for the operation of general aviation
aircraft, including hangars for storage and servicing, taxiways, landing
strips and accessory uses.
A public or private way not more than 40 feet wide affording
only secondary means of access to abutting property.
As applied to a building or structure:
The change or rearrangement in the supporting
members of a building or structure such as bearing walls, columns,
beams or girders or in the exit facilities;
An enlargement of a building or structure, whether
by extending on a side or by increasing in height;
The moving from one location or position to
another; and
Any alteration whereby a structure is adapted
to another or different use.
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.
A building arranged, intended or designed to provide three
or more dwelling units independent of each other, but having common
hallways and entrances.
A request for a review of the Code Enforcement Officer's
interpretation of any provision of this chapter or a request for a
variance.
The extent of horizontal surface contained within the boundaries
or extremities of land or building. Also see "lot area."
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.
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 through 30, A99,
V, VO, VE or V1 through 30. It is also commonly referred to as the
"base floodplain" or "one-hundred-year floodplain."
Buildings containing only one or two dwelling units and with
three or more buildings attached to each other by a party wall or
walls without openings. The term "attached dwelling" is intended to
apply to row houses, townhouses, condominiums, cluster housing and
other forms where three or more buildings are so attached to each
other.
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.
A building or place of business where gasoline, oil and greases,
batteries, tires and/or automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail or where minor repair
service and vehicle state inspections may be rendered.
[Amended 8-22-2016 by L.L. No. 2-2016]
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.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
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 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 NFIP.
[Amended 2-24-1992 by L.L. No. 1-1992]
Owner-occupied one-family dwelling used for providing overnight
accommodations and a morning meal to not more than 10 transient lodgers,
containing at least three but not more than five bedrooms for such
lodgers.
[Added 1-22-2001 by L.L. No. 1-2001;
amended 8-22-2016 by L.L. No. 2-2016]
Earth mound providing a barrier between properties; height
and width to be determined at the time of site plan review. Berms
can also be required to have plant materials and/or fencing on top
of the berm, if the reviewing board deems necessary.
[Added 1-22-2001 by L.L. No. 1-2001]
The length of a street between two intersections.
See "rooming house."
[Amended 8-22-2016 by L.L. No. 2-2016]
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.
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.
The portion of land that can be built upon after allowances
for roads, setbacks, anticipated open spaces, and unsuitable areas
have been made.
[Added 8-22-2016 by L.L.
No. 2-2016]
See "structure."
The New York State Uniform Fire Prevention and Building Code
duly adopted by the Town of East Bloomfield.
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.
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls, extending from the
ground up.
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.
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.
A written permit issued by the Code Enforcement Officer documenting
compliance with the Building Code.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A solar energy system that is anchored to a building or structure
or a system of photovoltaic building components integrated into any
building envelope system such as vertical facades, including glass
and other facade material, semitransparent skylight systems, roofing
materials, and shading over windows.
[Added 9-13-2021 by L.L. No. 4-2021]
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, cabins and the motor vehicles
propelling or carrying the same, but excluding mobile homes, cabins
or other structures designed for year-around occupancy or as a place
of residence.
[Amended 1-22-2001 by L.L. No. 1-2001]
The free part of a horizontal member of a structure projecting
beyond a support.
A structure or building designed for the washing, waxing,
simonizing or similar treatment of automotive vehicles as its principal
function. A filling station having portable washing equipment shall
not be deemed to be an automobile laundry where such is an accessory
service to the principal service of the filling station.
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.
A certificate issued by the Code Enforcement Officer upon
completion of the change in use of an existing building or upon the
completion of a project requiring site plan approval. Said certificate
shall acknowledge compliance with all requirements of the Town's Code
and local laws in existence as of the date of the issuance of the
certificate of compliance.
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 State
Uniform Codes and State Energy Code.
Residential chickens and ducks include domestic chickens,
ducks and their young.
[Added 6-28-2021 by L.L. No. 2-2021]
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.
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.
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.
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 Zones V1 through
30, VE, VO or V.
The person appointed by the municipality to administer and implement this chapter by granting or denying development permits in accordance with its provisions (see also § 135-7, definition of "Code Enforcement Officer.")
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.
Any structure which supports antennae which transmits or
receives information by electromagnetic wave. The attachment of antennae
or similar apparatus to an existing structure supporting another use
shall be included in this definition and shall be bound by the restrictions
applicable to its use. All antennae utilized in one function shall
be considered as one antenna (see also "tower").
[Amended 2-26-1996 by L.L. No. 1-1996]
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.[1]
A minor street intersecting another street at one end and
terminated at the other end by a circular vehicular turnaround.
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 intersection
streets. Where no such grade has been established, the Superintendent
of Highways shall establish the same.
Daytime care or instruction of three or more persons away
from their own homes for more than three hours but less than 24 hours
per day by an individual, association, corporation, institution or
agency, whether or not for compensation or reward.
[Added 8-22-2016 by L.L.
No. 2-2016]
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.
An occupied residence providing or designed to provide day
care for not more than six persons.
[Added 8-22-2016 by L.L.
No. 2-2016]
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.
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.
[Amended by 2-24-1992 L.L. No. 1-1992]
A portion of the territory of the Town of East Bloomfield
within which certain uniform regulations and requirements, or various
combinations thereof, apply under this chapter and other Town of East
Bloomfield local laws or regulations.
A structure designed to provide access from the shore to
a water body for swimming, boating or other recreational use.
See "restaurant, drive-in."
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.
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").
A factory built residential dwelling unit designed to be
occupied as a single-family dwelling, complete and ready for minor
and incidental unpacking and assembly operations and placement on
a permanent foundation and connections to utilities. Manufactured
housing must be built after July 15, 1976 and shall meet the National
Manufactured Home Construction Safety Standards as set forth by the
United States Department of Housing and Urban Development (HUD). This
definition specifically does not include so called "modular home"
where the chassis upon which the unit or part of a unit transported
is not a part of the structure of the unit itself. This definition
specifically does include both so called "single wide" and "double-wide
units" which have been issued said HUD seal. A travel trailer shall
not be considered as a manufactured dwelling.
[Amended 12-16-1996 by L.L. No. 4-1996]
A residential building designed for or occupied by three
or more families living independently of each other with the number
of families in residence not exceeding the number of dwelling units
provided.
A detached residential dwelling unit other than a mobile
home designed for and occupied exclusively by one or more persons
living as a single nonprofit housekeeping unit.
A detached residential dwelling unit having the external
appearance of a single-family dwelling, but in which there is located
a second dwelling unit that does not exceed 50% of the principal dwelling
unit nor more than 750 square feet.
A detached residential building, containing two dwelling
units, designed for occupancy and used exclusively by two families
independently of each other. A "duplex" is a two-family dwelling which
is designed with a common wall.
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.
A specified (limited) use of private land for a public or
quasi-public purpose.
A nonbasement building built, in the case of
a building in Zones A1 through 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 through 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 through 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 through 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.
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 furnishings
or 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.
The process of the removal or stockpiling of sand, gravel,
soil (including topsoil) or other natural deposits by stripping, digging
or other means.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as in industrial or commercial operation
(see also "mining permit").
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured 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 complete before the effective date of the floodplain
management regulations adopted by the community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets and either final site grading or the pouring of concrete
pads).
One or more persons, whether related or not by birth, blood,
marriage or adoption, living together as a single housekeeping unit
in a dwelling unit.
Any parcel containing at least 10 acres of land which is
used for agricultural or farming activities. It includes necessary
farm structures and the storage of equipment used.
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 operating of the farm.
See "roadside stand."
The federal agency that administers the National Flood Insurance
Program.
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.
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.
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.
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.
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 above.
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.
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.
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.
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.
See "flood elevation study."
Any land area susceptible to being inundated by water from
any source (see definition of "flooding").
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.
The same meaning as "regulatory floodway."
The top surface of an enclosed area in a building (including
basement) i.e., top of slab or concrete slab construction or top of
wood flooring in wood frame construction.
The floor area used or intended to be used by tenants or
for service to the public as customers, patron, clients or patients,
including areas occupied by fixtures and equipment used for display
or sales 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.
The sum of the gross horizontal areas of several floors of
a building or buildings, measured from the inside faces of exterior
walls or from the inside 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-room, fitting or alteration rooms or general maintenance or enclosed
pedestrian malls or corridors.
The horizontal area of any floor of a building designed and
intended for living purposes, which includes working, sleeping, eating,
cooking or recreation or combinations thereof. A floor used only for
storage purposes is not a habitable floor. All dimensions shall be
measured from the interior faces of exterior walls or from the center
line of the base of walls separating two dwelling units.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo
or passengers, shipbuilding and ship repair facilities. The term does
not include long-term storage, manufacturing, sales or service facilities.
An accessory building which provides for the storage of motor
vehicles or household items by the occupants on the lot which it is
erected, with no provision for repairing or servicing such vehicles
for profit.
The periodic sale of household items or other tangible personal
property which is advertised to the public at large.
See "motor vehicle service station."
The maximum horizontal area of a building at the ground level.
The minimum ground floor area refers to the principal residence within
the limits of the principal foundation walls, excluding all accessory
buildings, private garages, porches, patios or other accessory structures.
A solar energy system that is attached to a pole or other
mounting system and anchored to the ground.
[Added 9-13-2021 by L.L. No. 4-2021]
Asphalt or similar surface of material, such as compacted
stone or concrete, to make suitable for vehicle traffic.
[Added 8-22-2016 by L.L.
No. 2-2016]
The highest natural elevation of the ground surface, prior
to construction, next to the proposed walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
A use of a nonresidential nature which is conducted in the
home or an accessory building by the resident, which is clearly subordinate
to the residential nature and character of the dwelling. The occupation
may be of a professional or service nature that only incidentally
offers goods for sale to the public on site. The term "home occupation"
does not include such uses as commercial stables and kennels; restaurants;
day care; nursing facilities or instruction of groups in excess of
four persons; motor vehicle repair; machine shops, welding and fabrication;
or furniture repair involving dip tanks and stripping. Should the
enterprise's needs exceed the standards of the defined home occupation
and/or the zoning requirements, it will no longer be considered a
home occupation, and the permit will no longer be valid.
[Amended 6-9-2003 by L.L. No. 1-2003]
See "motel."
See "dwelling, manufactured."
A right-of-way for pedestrian use extending from a street
into a block or across a block to another street.
Includes cars, trucks, vehicles, scrap metals and their alloys,
bones, used materials and products, such as rags and cloth, rubber,
rope, tinfoil, bottles, old tools and machinery, 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.
[Amended 1-22-2001 by L.L. No. 1-2001]
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
automobiles or other vehicles or machinery; wrecking or dismantling
yards; house wrecking yards; used lumber yards; places or yards for
storage of salvaged house wrecking and structural steel materials
and equipment; or where any unregistered motor vehicle is held outside
of a completely enclosed building, whether for the purpose of reclaiming
for use of 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 pawnshops and establishments for the sale, purchase
or storage of used furniture, household equipment and clothing, or
for processing of used, discarded or salvaged materials as part of
manufacturing operations.
Exceptions:
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 Motor 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.
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 may be allowed.
The storage of agricultural equipment, machinery
and vehicles in an AR-2 Agricultural-Residential District or an RR-1
Rural Residential District which are being used in a bona fide farm
operation may be allowed.
Any premises on which four or more dogs, six months old or
older, are kept, bred and/or boarded.
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.
A solar energy system that produces electricity that is transferred
to the public electricity grid in order to sell to or receive credit
from a public utility or is used for public consumption. Large-scale
solar will be required to obtain a special use permit and all other
Town approvals that are required under the Town Law.
[Added 9-13-2021 by L.L. No. 4-2021]
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.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles.
The person appointed by the Town Board to administer and implement this § 135-50 by granting or denying development permits in accordance with its provisions. This person is the Code Enforcement Officer.
A room rented as sleeping and living quarters, but without
cooking facilities, with or without an individual bathroom.
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 the same.
The square footage or acreage contained within the boundaries
of a lot. Any portion of a lot included in a public road, street or
highway right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of, and fronting on, two
or more intersecting streets. All corner lots shall be deemed to have
two front yards, two side yards and no rear yard.
[Amended 8-22-2016 by L.L. No. 2-2016]
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.
An approved lot having less lot width than otherwise normally
required for the zoned district, but in no instance less than 60 feet
in lot width, that provides access to the interior portion of the
flag lot which contains the minimum lot area requirements for said
district. The access portion of the flag lot shall not be considered
buildable and may not be used in calculation of the minimum lot area
requirements for the zoned district.
The panhandle portion of a flag lot having at least 60 feet
in lot width and that provides an access corridor between a public
road, street or highway right-of-way to the interior portion of a
flag lot.
That portion of a flag lot having minimum lot area requirements
with lot lines which otherwise meet the width and depth requirements
of the zoned district.
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.
The line separating the lot from the boundary of the highway
or right-of-way upon which the lot abuts (see "lot, flag interior").
The lot line opposite and most distant from the front lot
line (see "lot, flag interior").
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."
A lot line separating the lot from a street or alley.
A lot is part of an approved subdivision recorded in the
Office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
A lot which is not a corner lot and which has frontage on
two streets.
The horizontal distance across the lot between side lot lines
at the street line.
The lowest floor of the lowest enclosed area (including 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.[2]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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 hospital, nursing home or medical clinic
or the office of a physician, surgeon, chiropractor, osteopath or
duly licensed physical therapist or barbershop or beauty salons in
which massages are administered only to the scalp face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms, and which do not receive their primary source of revenue
through the administration of massages.
[Added by 2-26-1996 L.L. No. 1-1996]
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.
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").
The same meaning as "dwelling, manufactured."
[Amended 12-16-1996 by L.L. No. 4-1996]
A parcel of land within a mobile home park reserved for the
placement of a mobile home and the exclusive use of its occupants.
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.
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.
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.
Every vehicle which is propelled by a power other than muscular
power, except electrically driven chairs designed for and operated
by the physically challenged. Motor vehicles shall include, but not
be limited to, automobiles, trucks, motorcycles, motor bikes, boats,
all terrain vehicles, snowmobiles, etc.
[Amended 7-14-1997 by L.L. No. 1-1997]
Any building, structure or land used to disperse, sell or
offer automobile 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
1 1/2 tons.
As corrected in 1929, a vertical control used as a reference
for establishing varying elevations within the floodplain.
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.
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.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured 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.
Any building or structure existing at the date of enactment
of this chapter and/or other zoning local laws or regulations which,
in its design or location upon a lot, does not conform to the new
regulations for the district in which it is located.
A lot of record existing at the date of the enactment of
this chapter and/or other zoning local laws or regulations which does
not have the minimum width, depth and area by the new regulations
for the district in which it is located.
Any use of land, buildings or structures lawfully existing
on the date of enactment of this chapter and/or other zoning local
laws or regulations which does not conform to the use regulations
of the district in which it is situated.
Includes, but shall not be limited to, written or oral information
relating to the date, time and place where a meeting is to be held.
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.
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.
A building comprised of more than 50% of offices, as compared
with home occupations where offices are considered a secondary or
incidental use.
[Amended 8-22-2016 by L.L. No. 2-2016]
The same meaning as "base flood."
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
An area used for temporary or seasonal storage of materials,
building supplies, stock or supplies for later use in conjunction
with a permitted principal use, accessory use or special permitted
use.
An area for the same uses as a private garage and subject
to the same conditions.
An area, other than a street or other public way, used for
the parking of automobiles and available to the public.
A space adequate for parking an automobile and having an
area of not less than 200 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto.
Any use listed in any zoning district as permitted.
Any individual, firm, partnership, corporation, association,
trustee, receiver or assignee or person acting in any other representative
capacity.
A drawing on a flat surface showing the requirements as specified
by the Town of East Bloomfield Code. This may be supported with written
information where necessary for clarification.
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.
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.
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.
A building in which is conducted the main or principal use
of the lot on which said building is located.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
The main or primary purpose for which a building, structure
or lot is to be used.
Including, but not limited to, the following services: planner,
architect, landscape architect, doctor, dentist, insurance agency,
lawyer, engineer, accountant and realtor.
A use of a building, structure, lot or land, or part thereof,
which is not listed as a permitted, accessory use or special permit
use.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Churches, places of worship, parish houses and
convents.
Public parks, playgrounds and recreational areas,
when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary
schools, colleges or universities having a curriculum approved by
the Board of Regents of the State of New York.
Golf courses and country clubs when occupying
not less than 50 acres, not including, however, clubs whose activities
includes the maintenance, storage or takeoff or landing of aircraft.
Public libraries and museums.
Fire, ambulance and public safety buildings.
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.
Membership corporations established for cultural,
social or recreational purposes.
Day-care centers approved by the New York State
Department of Social Services.
Any right-of-way open to the public for vehicular or pedestrian
access.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projections;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Not designed primarily for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
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 § 135-50E(3)(b) of this chapter.
[Amended by 2-24-1992 by L.L. No. 1-1992]
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 20 feet long and eight feet wide.
A residence under public, voluntary nonprofit or proprietary
sponsorship and regulated by an agency of the state or federal government
and providing 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.
Residential care facilities are known by a number of names, including
"agency operated boardinghomes," "group homes," "group residences,"
"family care homes," "hostels" and "halfway houses."
Any parcel of land of five acres or less, any point on the
boundary line of which is less than 1/2 mile from any point on the
boundary line of another such lot in the same tract, unless any such
lot may not legally be used for residential purposes. Without limiting
the generality of the foregoing, the term "residential" shall include
temporary, seasonal and permanent residential use.
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.
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.
A lot extending between and having frontage on a major traffic
street and a minor street and with vehicular access solely from the
latter.
The line, present or proposed, which is the joint boundary
line between a lot and the street or highway right-of-way.
Retail outlets, with all related structures for the sale
of agricultural products grown on the farm upon which such stand is
located.
A dwelling other than a hotel, motel or tourist home, where
more than two persons are housed or lodged for hire or compensation
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. A lodging house or boardinghouse
shall be deemed a rooming house.
[Amended 8-22-2016 by L.L. No. 2-2016]
Naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
A combination of:
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."
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area or buttocks.
[Added 2-26-1996 by L.L. No. 1-1996]
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.
The maximum extent of unobstructed vision along a street
from a vehicle located at any given point on the street.
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,
signboards, illuminated signs, pennants, fluttering devices, projecting
signs or ground signs.
[Amended 8-22-2016 by L.L. No. 2-2016]
The outer surface of a building which is visible from any
private or public street, highway or driveway, including window display
areas.
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.
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.
A sign that directs attention to the location of a local
service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixing or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
A sign or sign support structure that is not attached to,
or part of, a building or structure.
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint or tape.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
A sign which exists at the time of enactment of this chapter
and which does not conform to the regulations and restrictions imposed
herein.
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 premise where such sign is located.
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.
A sign which is attached to the exterior of a building or
a structure beyond the surface of that portion of the building or
structure to which the sign is attached and not parallel to the face
of the building.
Any sign constructed on or supported by the roof of any building
or structure.
A sign which is intended to advertise a community or civic
project, real estate for sale or lease or other special events on
a temporary basis.
Refers to person (see definition of "person").
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.
A solar energy system that generates, on-site, no more than
110% of the on-site consumption required. All roof-mounted systems
will require an engineer's report showing that the solar array can
be safely supported on said roof. An accessory structure building
permit shall be required for all small-scale solar arrays.
[Added 9-13-2021 by L.L. No. 4-2021]
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 9-13-2021 by L.L. No. 4-2021]
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
[Added 9-13-2021 by L.L. No. 4-2021]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 9-13-2021 by L.L. No. 4-2021]
Any event which has the potential of drawing more than 500
people. Such events could include carnivals, pageants, festivals,
concerts and exhibitions. Excluded from this would be private events
such as ceremonies, parties, reunions, household auctions and garage
sales seeking to attract less than 500 people. Vendors for the provision
of services at the above gatherings will be expected to follow all
Department of Health Codes, meet all licensing requirements and ensure
that traffic does not become a nuisance.
[Added 2-26-1996 by L.L. No. 1-1996; 7-14-1997 by L.L. No. 1-1997]
Any event for profit.
[Added 2-26-1996 by L.L. No. 1-1996;
amended 7-14-1997 by L.L. No. 1-1997]
Any nonprofit event organized by a Town recognized fraternal,
religious or service group.
[Added 2-26-1996 by L.L. No. 1-1996;
amended 7-14-1997 by L.L. No. 1-1997]
A use listed as a special permitted use in a zoning district.
A special use requires application be made in accordance with procedures
and specifications set forth in this chapter. The term does not include
use variances.
Human male or female genitals, pubic areas or buttocks with
less than a full opaque covering.
A building in which any horses are kept for remuneration,
hire or sale.
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; and 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 manufactured
homes, accessory buildings (garages, sheds), storage trailers, and
building materials.
[Amended 8-22-2016 by L.L. No. 2-2016]
That portion of a building between the surface of any floor
and the surface next above it; if there is 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.
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 7 1/2 feet over not more
than 1/2 the total floor space.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The right-of-way line of a street; the front lot line; the
line separating a lot from a street.
A walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured
home, also to include solar arrays.
[Amended 8-22-2016 by L.L. No. 2-2016]
The owner or authorized agent of the owner of a 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. (See Chapter 86, Land Development.)
[Amended 1-22-2001 by L.L. No. 1-2001]
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.
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:
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
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
Any man-made body of water or receptacle for water, except
farm or agricultural ponds, 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.
A swimming pool having less than 3/-4 of its water content
above the level of the surrounding ground.
A swimming pool having 3/-4 or more of its water content
below the level of the surrounding ground.
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.
A dwelling in which overnight accommodations are provided
or offered for no more than four transient guests for compensation.
[Amended 1-22-2001 by L.L. No. 1-2001]
Includes any structure, including dish antenna more than
one meter in diameter in a residential district and two meters in
a commercial and industrial district, 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 microwaves, such as,
but not limited to, broadcasting, shortwave, citizens band, cellular
communications, paging, FM or television signals, wind-driven devices,
such as energy converters and wind speed and/or direction indicators,
or any energy-creating enterprises. This definition does not include
conventional TV antennae.
[Amended 2-26-1996 by L.L. No. 1-1996; 12-16-1996 by L.L. No.
4-1996]
Includes any structure or use, whether regulated by a governmental
agency or not, which transmits or receives information for profit
and cannot be considered for public use.
[Added 2-26-1996 by L.L. No. 1-1996]
Includes any structure for ham, TV, radio, telephone and
similar transmitters and receivers used for private enjoyment and
not-for-profit voluntary applications. No commercial applications
except for uses which comply with the following restrictions and which
support a permitted home occupation are included (permitted use in
any district).
[Added 2-26-1996 by L.L. No. 1-1996]
Includes any structure or those necessary governmental uses
for the public safety and those uses which the courts have defined
as essential services. These uses are to comply with the current zoning
law affecting commercial towers.
[Added 2-26-1996 by L.L. No. 1-1996]
Facilities which may include construction of towers and/or
installation of antennas of personal, public or commercial use.
[Added 11-10-1997 by L.L. No. 3-1997]
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 a private outside entrance.
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
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.
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.
Includes vans and motor homes (see § 135-80, Truck and freight terminals).
[Amended 8-22-2016 by L.L. No. 2-2016]
The New York State Uniform Fire Prevention and Building Code.
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 permit use only if specific provision for such
special permit use is made in this chapter.
A grant of relief from the requirements of this chapter which
permits construction or use in a manner that would otherwise be prohibited
by this chapter.
[Amended 8-22-2016 by L.L. No. 2-2016]
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning regulations.
VARIANCE, USEThe authorization by the Zoning Board of Appeals for the use of land for the purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations.
A variance not involving a use prohibited by this chapter.
Area variances involve matters such as set back lines, frontage requirements,
lot-size restrictions, density regulations and yard requirements.
An individual who sells more than five vehicles in a calendar
year.
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.
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.
Constitutes any material temporarily or permanently discarded
or unwanted and not stored in a vermin-proof, sealed enclosure or
structure for subsequent disposal.
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."
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.
In all zoned districts a yard extending between the side
lot lines across the front of a lot adjoining a street.
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 will be no rear yards, but only front and side
yards.
A yard extending between the side building line and the nearest
side lot line, situated between the front and rear yards.
