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:
BOARD OF APPEALS
The Zoning Board of Appeals of the Town of East Bloomfield.
CODE ENFORCEMENT OFFICER
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.
COUNTY PLANNING BOARD
The Planning Board of the County of Ontario.
DEPARTMENT OF HEALTH
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.
NEWS MEDIA
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.
PLANNING BOARD
The Planning Board of the Town of East Bloomfield.
TOWN BOARD
The Town Board of the Town of East Bloomfield.
TOWN CLERK
The official duly elected to the position of Town Clerk of the Town of East Bloomfield.
TOWN HIGHWAY SUPERINTENDENT
The official elected to the position of Town Superintendent of Highways for the Town of East Bloomfield.
TOWN SEWER DISTRICT SUPERINTENDENT
The official retained by the Town Board to serve as the administrator of the Town of East Bloomfield Sewer District(s).
TOWN WATER DISTRICT SUPERINTENDENT
The official retained by the Town Board to serve as the administrator of the Town of East Bloomfield Water Districts.
ZONING OFFICER
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:
ACCESSORY
The term applied to a building, structure or use which:
A. 
Is customarily incidental and subordinate to and serves a principal building or principal use;
B. 
Is subordinate in area, extent or purpose to the principal building or principal use served;
C. 
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and
D. 
Is located on the same parcel as the principal building or principal use.
ACCESSORY BUILDING OR STRUCTURE
The term applied to a building which:
A. 
Is customarily incidental and subordinate to and serves a principal building;
B. 
Is subordinate in area, extent or purpose to the principal building served;
C. 
Contributes to the comfort, convenience or necessity of occupants of the principal building use; and
D. 
Is located on the same parcel as the principal building.
ACCESSORY RESIDENTIAL DWELLING
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]
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.
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 East Bloomfield.
ADULT BOOKSTORE
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]
ADULT ENTERTAINMENT USES
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]
AGRIBUSINESS
Business directly related to supporting recognized agricultural practices.
[Added 1-22-2001 by L.L. No. 1-2001]
AGRICULTURAL OPERATIONS
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]
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.
AGRICULTURAL PRODUCTS
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]
A. 
Field crops, including corn, wheat, rye, barley, hay, potatoes and dry beans.
B. 
Fruits, including apples, peaches, grapes, cherries and berries.
C. 
Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
D. 
Horticultural specialties, including greenhouses, nursery stock, ornamental shrubs, ornamental trees and flowers.
E. 
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.
F. 
Maple sap and sugar products.
G. 
Christmas trees derived from a managed Christmas tree operation, whether dug for transplanting or cut from the stump.
H. 
Aquaculture products, including fish, fish products, water plants and shellfish.
I. 
Short-rotation woody crops raised for bioenergy.
J. 
Production or sale of woodland products, including but not limited to logs, lumber, posts and firewood.
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.
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.
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 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."
ATTACHED DWELLINGS
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.
AUTOMOBILE 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.
AUTOMOBILE SERVICE STATION OR FILLING STATION
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]
AUTOMOBILE 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.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
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 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]
BED-AND-BREAKFAST
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]
BERM
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]
BLOCK
The length of a street between two intersections.
BOARDINGHOUSE (ROOMING HOUSE)
See "rooming house."
[Amended 8-22-2016 by L.L. No. 2-2016]
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.
BUILDABLE ACRE
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]
BUILDING
See "structure."
BUILDING CODE
The New York State Uniform Fire Prevention and Building Code duly adopted by the Town of East Bloomfield.
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 Building Code.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BUILDING-MOUNTED OR -INTEGRATED PHOTOVOLTAIC SYSTEM
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]
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, 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]
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, 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.
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 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.
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 State Uniform Codes and State Energy Code.
CHICKENS AND DUCKS
Residential chickens and ducks include domestic chickens, ducks and their young.
[Added 6-28-2021 by L.L. No. 2-2021]
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 Zones V1 through 30, VE, VO or V.
CODE ENFORCEMENT OFFICER
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.")
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.
COMMUNICATION TOWER
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]
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.[1]
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 intersection streets. Where no such grade has been established, the Superintendent of Highways shall establish the same.
DAY CARE
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]
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.
DAY-CARE HOME
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]
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.
[Amended by 2-24-1992 L.L. No. 1-1992]
DISTRICT
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.
DOCK
A structure designed to provide access from the shore to a water body for swimming, boating or other recreational use.
DRIVE-IN RESTAURANT
See "restaurant, drive-in."
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 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]
DWELLING, MULTIPLE-FAMILY (MULTIFAMILY)
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 other than a mobile home designed for and occupied exclusively by one or more persons living as a single nonprofit housekeeping unit.
DWELLING, SINGLE-FAMILY WITH ACCESSORY APARTMENT
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.
DWELLING, TWO-FAMILY
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.
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. 
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.
B. 
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.
C. 
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.
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 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.
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 in industrial or commercial operation (see also "mining permit").
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
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).
FAMILY
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.
FARM
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.
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 operating of the farm.
FARM STAND
See "roadside stand."
FEDERAL EMERGENCY MANAGEMENT AGENCY
The federal agency that administers the National Flood Insurance Program.
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.
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 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 above.
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 INSURANCE STUDY
See "flood elevation study."
FLOODPLAIN OR FLOOD-PRONE AREA
Any land area susceptible to being inundated by water from any source (see definition of "flooding").
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 or concrete slab construction or top of wood flooring in wood frame construction.
FLOOR AREA
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.
FLOOR AREA, GROSS
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.
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 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.
FUNCTIONALLY DEPENDENT USE
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.
GARAGE, PRIVATE
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.
GARAGE SALE
The periodic sale of household items or other tangible personal property which is advertised to the public at large.
GARAGES, COMMERCIAL OR REPAIR
See "motor vehicle service station."
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 limits of the principal foundation walls, excluding all accessory buildings, private garages, porches, patios or other accessory structures.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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]
HARD-PACKED SURFACE
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]
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 OCCUPATION
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]
HOTEL
See "motel."
HOUSE TRAILER
See "dwelling, manufactured."
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 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]
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 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.
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 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.
(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 may be allowed.
(3) 
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.
KENNEL
Any premises on which four or more dogs, six months old or older, are kept, bred and/or boarded.
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.
LARGE-SCALE SOLAR
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]
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.
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 § 135-50 by granting or denying development permits in accordance with its provisions. This person is 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 the 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. 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]
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 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.
LOT, FLAG ACCESS
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.
LOT, FLAG INTERIOR
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.
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 (see "lot, flag interior").
LOT LINE, REAR
The lot line opposite and most distant from the front lot line (see "lot, flag interior").
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 LINE, STREET OR ALLEY
A lot line separating the lot from a street or alley.
LOT OF RECORD
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.
LOT, THROUGH
A lot which is not a corner lot and which has frontage on two streets.
LOT, WIDTH
The horizontal distance across the lot between side lot lines at the street line.
LOWEST FLOOR
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]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where massages are administered for pay, including, but not limited to, massage parlors, sauna baths and steam baths. This definition shall not be construed to include 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]
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
The same meaning as "dwelling, manufactured."
[Amended 12-16-1996 by L.L. No. 4-1996]
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
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]
MOTOR VEHICLE SERVICE STATION
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.
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.
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 MANUFACTURED HOME PARK OR SUBDIVISION
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.
NONCONFORMING BUILDING OR STRUCTURE
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.
NONCONFORMING LOT
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.
NONCONFORMING USE
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.
NOTICE
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.
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 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]
ONE-HUNDRED-YEAR FLOOD
The same meaning as "base flood."
OPEN SPACE
Area unoccupied by any building, structure or parking area, whether paved or unpaved.
OPEN STORAGE
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.
PARKING AREA, PRIVATE
An area for the same uses as a private garage and subject to the same conditions.
PARKING AREA, PUBLIC
An area, other than a street or other public way, used for the parking of automobiles and available to the public.
PARKING SPACE, OFF-STREET
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.
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 East Bloomfield 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.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is located.
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above ground.
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, accessory use or special permit 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. 
Churches, 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 a light-duty truck; and
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 § 135-50E(3)(b) of this chapter.
[Amended by 2-24-1992 by L.L. No. 1-1992]
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 20 feet long and eight 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 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."
RESIDENTIAL LOT OR RESIDENTIAL BUILDING PLOT
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.
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
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]
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SATELLITE DISH ANTENNA
A combination of:
A. 
An antenna whose purpose is to receive communications or other signals from orbiting satellites and other extraterrestrial sources;
B. 
A low noise amplifier whose purpose is to carry signals into the interior of a building.
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."
SEXUAL ACTIVITIES
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]
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 (SPEECH)
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]
SIGN, BUILDING FRONT OR FACE
The outer surface of a building which is visible from any private or public street, highway or driveway, including 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, 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.
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 of this chapter and which does not conform to the regulations and restrictions imposed herein.
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 premise 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 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 on a temporary basis.
SINGLE OWNERSHIP
Refers to person (see definition of "person").
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.
SMALL-SCALE SOLAR
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]
SOLAR ENERGY EQUIPMENT
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]
SOLAR ENERGY SYSTEM
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]
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
[Added 9-13-2021 by L.L. No. 4-2021]
SPECIAL ENTERTAINMENT USE/EVENT
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]
SPECIAL ENTERTAINMENT USE/EVENT, COMMERCIAL
Any event for profit.
[Added 2-26-1996 by L.L. No. 1-1996; amended 7-14-1997 by L.L. No. 1-1997]
SPECIAL ENTERTAINMENT USE/EVENT, NONPROFIT
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]
SPECIAL USE
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.
SPECIFIED ANATOMICAL AREAS
Human male or female genitals, pubic areas or buttocks with less than a full opaque covering.
STABLE
A building in which any horses are kept for remuneration, hire or sale.
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; 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]
STORY
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.
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 7 1/2 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
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]
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. (See Chapter 86, Land Development.)
[Amended 1-22-2001 by L.L. No. 1-2001]
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 an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
SWIMMING POOL
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.
SWIMMING POOL, ABOVEGROUND
A swimming pool having less than 3/-4 of its water content above the level of the surrounding ground.
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 no more than four transient guests for compensation.
[Amended 1-22-2001 by L.L. No. 1-2001]
TOWER
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]
TOWERS, COMMERCIAL COMMUNICATION
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]
TOWERS, PERSONAL COMMUNICATION
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]
TOWERS, PUBLIC COMMUNICATION
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]
TOWERS, TELECOMMUNICATION
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]
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 a 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
Includes vans and motor homes (see § 135-80, Truck and freight terminals).
[Amended 8-22-2016 by L.L. No. 2-2016]
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
USE, SPECIAL PERMIT
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.
VARIANCE, EITHER AREA OR USE
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]
A. 
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.
B. 
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.
VARIANCE, AREA
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.
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."
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
In all zoned districts a yard extending between the side lot lines across the front of a lot adjoining a street.
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 will 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.
[1]
Editor’s Note: The former definition of “corner lot,” which immediately followed this definition, was repealed 8-22-2016 by L.L. No. 2-2016.
[2]
Editor's Note: The definition of "manufactured home," which immediately followed this definition, was repealed 12-16-1996 by L.L. No. 4-1996.