As used in this chapter, the following shall
apply:
A.
The masculine includes the feminine, the singular
includes the plural and the present tense includes the future tense.
B.
The word "person" includes an individual, firm or
corporation.
C.
The word "shall" is always mandatory.
D.
The word "lot" includes the word "plot" or "parcel."
E.
The words "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
F.
Any reference to a residence or residential district
shall be interpreted to mean any district with the word "residence"
in its title.
G.
A building or structure includes any part thereof.
Unless the context of this chapter otherwise
requires, the following definitions of words and phrases shall be
used in the interpretation and construction of this chapter:
A structure or use incidental and subordinate to the principal
structure or use on the same lot.
For purposes of the Airport Overlay District, airport manager,
airport engineer or person or persons in charge of the airport.
The use of the land for agricultural purposes, including
farming, dairying, pasturage, agriculture, horticulture, floriculture,
viticulture, apiaries and animal and poultry husbandry, and the necessary
accessory uses for storing produce; provided, however, that the operation
of any such accessory use shall be incidental to that of normal agricultural
activities, and provided further that the above uses shall not include
the operation of a feed lot or other commercial feeding of animals
or the manufacturing or processing of agricultural products as a principal
use.
The area of land surrounding the airport, upon which an airport
hazard might be established.
Any structure, building, tower, pole, wire, tree or other
thing, or portion thereof, or use of land which obstructs the air
space required for the flight of aircraft in landing or taking off
at the airport, or is otherwise hazardous to such landing or taking
off of aircraft.
A public or private way not more than 30 feet wide affording
only secondary means of access to abutting property.
A building renovation that causes an overall change in character,
area, or composition. Refer to the "structurally altered" definition
in this section for additional information.
[Amended 5-6-2019 by L.L.
No. 1-2019]
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
For the purposes of excavations, all on-site operations involved
in the treatment, processing or further fabrication of soil, sand,
gravel or natural deposits, including washing, sedimentation ponds,
grading, sorting, grinding operations, concrete batching plants, asphalt
mixing plants and aggregate dryers.
That portion of a building that is partly below grade level
and that has more than half of its height, measured from floor to
ceiling, above the average finished grade of the ground adjoining
the building.
An area bordering the zoning district boundary between any
two zoning districts and designated by the Planning Board as an area
reserved for plantings, fencing, and/or other similar screening devices
for the purpose of creating a transition area wherein adjoining uses
do not detract from one another.
[Added 5-6-2019 by L.L.
No. 1-2019]
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons or animals.
The aggregate area of the lot, expressed as a percentage,
covered by the principal buildings or structures, plus each accessory
building or structure measured at the foundation line.
[Added 5-6-2019 by L.L.
No. 1-2019]
A story whose floor level is more than 1/2 of its story height
below the average level of the surrounding ground.
A membership recreational building, but not including a club
the chief activity of which is a service customarily carried on as
a business.
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.
A use which:
Is carried on wholly within the enclosed walls
of the principal building exclusive of accessory structures and does
not use more than 25% of the floor area.
Is carried on by a member of the family residing in the dwelling
unit. The business shall have no employee who is not a resident of
the dwelling unit.
[Amended 5-6-2019 by L.L.
No. 1-2019]
Is clearly incidental and secondary to the use of the dwelling
for residential purposes. There shall be no exterior evidence that
the building, structure, or premises is being used for any purpose
other than as a residential dwelling such as artificial lighting,
advertisements, signs, displays, exterior storage of materials or
goods or similar such conduct.
[Amended 5-6-2019 by L.L.
No. 1-2019]
Shall not generate traffic beyond that normally
expected in a residential neighborhood. Any need for parking generated
by such use shall be provided in an off-street area, other than in
a front yard.
Shall not create noise, dust, vibration, odor,
glare, fumes or electrical interference detectable by the normal senses
of persons off the premises. In the case of electrical interference,
there shall be no radio or television disruptions or fluctuations
in line voltages off the premises.
There shall be no commercial delivery of goods or stock-in-trade
to, or from, the premises and no goods, commodities, or stock-in-trade
may be sold on the premises.
[Amended 5-6-2019 by L.L.
No. 1-2019]
A valid building permit has been issued and construction
of the principal building is underway.
Any building or portion thereof designed or used as the residence
or sleeping place of one or more persons.
DWELLING UNIT, SINGLE-FAMILYA building designed or used for residence purposes by not more than one family, containing one dwelling unit only.
DWELLING UNIT, TWO-FAMILY, or DUPLEXA building designed or used for residence purposes by not more than two families, and containing two dwelling units which may be attached side by side and which individually meet the floor area requirements established for single-family dwellings.
DWELLING UNIT, MULTIPLE-FAMILYA building or portion thereof designed to be used as a residence by three or more families and containing three or more dwelling units.
IN-LAW AREA/APARTMENTA residential accessory use that is located in a one-family dwelling, is clearly incidental, secondary, or subordinate to the primary one-family residential use; and is occupied by a resident member of the family that resides in such dwelling, or by an in-law of such family.
[Added 5-6-2019 by L.L.
No. 1-2019]
A group of three or more dwelling units located on a parcel
of land in one ownership and having any yard or court in common.
One or more rooms constituting a separate, independent housekeeping
unit for ownership or lease or rent, designed for occupancy by one
family and physically independent of any other group of rooms or dwelling
units which may be in the same structure, and containing independent
cooking, sanitary and sleeping facilities.
One room, plus bath facilities, which room also contains
facilities for sleeping, cooking, eating and living purposes and is
occupied by not more than two persons.
[Amended 9-7-1999 by L.L. No. 2-1999]
The removal of soil, sand, gravel or other natural deposits
by excavating, stripping or other means for the principal purpose
of marketing these deposits. It does not include excavation primarily
for purposes other than those of marketing natural deposits, such
as for grading an approved subdivision, for constructing housing or
other structures or for laying out public utilities, pipes or mains,
all of which require building or other permits before commencement
of work.
The Federal Aeronautics Administration or its successor.
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage,
or legal adoption do not constitute the functional equivalent of a
traditional family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which, in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants act as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent, or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school.
Members of the household having the same address for the purpose
of voter registration, driver's license, motor vehicle registration
and filing of taxes.
Members of the household are employed in the area.
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units.
Common ownership of the furniture and appliances among the members
of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Any freestanding wall or structure located in buffer areas,
as required by this chapter, or along lot lines, as permitted in this
chapter, and made of wood, metal, wire, concrete or other material.
Any type of fence where the ratio of transparent area to
opaque area is less than 3 to 1.
Any fence made of decorative or ornamental material such
as split rail, redwood, pine and the like, excluding, however, materials
such as steel, wire, wire mesh, chicken wire, chain-link, concrete
and the like.
Any type of fence where the ratio of transparent area to
opaque area is 3 to 1 or greater.
The highest level of flood that, on the average, is likely
to occur once every 100 years (i.e., that has a one-percent chance
of occurring each year). "Flood, one-hundred-year" is analogous to
the one-hundred-year floodplain.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water.
That maximum area of the floodplain that, on the average,
is likely to be flooded once every 100 years (i.e., that has a one-percent
chance of being flooded each year).
The operation of an overall program of corrective preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood-control works, and land use and control
measures.
A land area adjoining a river, stream or watercourse, which
area is likely to be flooded.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduces
or eliminates flood damage to lands, water and sanitary facilities,
structures and contents of buildings.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
The sum of the horizontal areas of the floors of a building,
excluding unenclosed or unheated porches, basement areas and garages,
measured from the interior face of the exterior walls.
That portion of a parcel of property which abuts a street
or highway.
Buildings and premises used for the conduct of a business,
the primary purpose of which is the selling and dispensing at retail
of gasoline and other motor fuel, grease, oil, automobile accessories,
and the servicing of motor vehicles including the greasing, oiling
and minor repairs to such vehicles. Excluded from the use of such
premises are the following: major mechanical and body work, welding,
painting, open storage of unlicensed or junk vehicles and the storage
of parts and accessories, except when stored in an enclosed building.
The final grade level of the ground at the front line of
the building.
The total floor area designed for nonresidential tenant occupancy
and exclusive use, including basements, mezzanines and upper floors,
if any, expressed in square feet and measured from the center line
of joint partitions and from outside wall faces. It is the area which
the tenant pays rent on and is exclusive of the common mall or gathering
areas between stores.
Any type of bush, plant or other natural growth which serves
or can serve the same purpose as a fence.
The vertical distance from grade plane to the average height
of the highest roof surface.
[Amended 5-6-2019 by L.L.
No. 1-2019]
A road wholly within a project or development, whether dedicated
or not, which is designed solely to provide access to the residences,
lots or development therein.
A lot, land or structure, or part thereof, used for the collecting,
storage or sale of wastepaper, rags, scrap metal or discarded material;
or the collecting, dismantling, storage, processing or salvaging of
machinery or vehicles not in running condition or for the sale of
parts thereof, all when operated as a business on a site where an
employee is in attendance for the entire working day to receive deliveries
and to be responsible for ensuring that materials brought to the site
are stored in a manner that will not result in any sort of a nuisance
to property or persons of the site.
A parcel of land under separate ownership or parcel, as designated
on a plot plan recorded in the Monroe County Clerk's office.
The computed area contained within the lot lines, said area
to be exclusive of street or alley rights-of-way or future rights-of-way,
if such have been determined.
A lot or portion of a lot at the junction of and abutting
on two intersecting streets.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
A lot other than a corner lot fronting on two streets or
upon a street and a right-of-way of more than 25 feet in width.
The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured across the rear of
the front yard.
Any city, Town or village and the County of Monroe.
A use of land or of a building or structure, which use lawfully
existed at the time of the adoption of this chapter or of any amendment
thereto, but which use does not conform to the use regulations imposed
by this chapter or such amendments thereto.
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 bed or a chair. This item does
not include institutions for the treatment of the mentally ill, hospitals,
sanitariums, boardinghouses and the like.
Area unoccupied by any building, structure or parking area,
whether paved or unpaved, and shall be exclusive of any required yard
areas.
A permanently surfaced and marked area for the parking of
a motor vehicle.
Any individual, firm, partnership, corporation, association,
trustee, receiver or assignee or person acting in any other representative
capacity.
The Planning Board of the Town of Gates, New York.
The office of any activity or service licensed pursuant to
the provisions of the Education Law of the State of New York.
Any one or more of the following uses, including grounds
necessary for their use and accessory buildings:
A strip of land between the existing right-of-way line and
the future right-of-way line of a highway as determined by the agency
having jurisdictional responsibility over the maintenance and construction
of the highway.
A permanent building used for the serving of meals, where
customers are seated principally at a table and are waited on when
seated; where a full line of meals is offered; where the main portions
of the meals are not precooked, prepackaged or prepared in any manner
such as this, in anticipation of customers; and further where, under
proper authority, alcoholic beverages may be served; and where the
meal is not customarily or occasionally eaten in vehicles.
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 number system and consumes the food at tables
provided in or adjacent to the building or in vehicles on-site or
elsewhere. 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.
The line, present or proposed, which is the joint boundary
line between a lot and the street or highway right-of-way.
The minimum allowable horizontal distance from a given point or line of reference, such as a street right-of-way or property line, to the nearest vertical wall of a building or accessory structure as defined herein and within § 190-36, Front setback.
[Amended 5-6-2019 by L.L.
No. 1-2019]
All front, side, and rear setback measurements shall be the
minimum horizontal distance measured from the principal structure
or any projections, whichever is greater, to the closest point of
the front, side, and rear property lines.
The depth of required front yards shall be the distance between
the front property line and the closest point of the front of a structure
or any projection thereof.
The depth of required rear yards shall be the distance between
the rear property line and the closest point of the rear of the principal
structure or any projection thereof.
In the case of corner lots, yards remaining after front yards
have been established shall be considered rear yards and side yards
for dimensional purposes.
A large, standardized, reusable steel box, typically used
for the intermodal shipping of goods and other products and materials.
[Added 5-3-2021 by L.L.
No. 11-2021]
A group of at least three or more nonresidential establishments,
having a cumulative area of not less than 50,000 square feet, which
is planned, developed and managed as a unit, where there are usually
common walls between the various uses and with off-street parking
provided on the center's site.
[Amended 2-2-1987]
Any name, identification, description, display, illustration,
symbol, logo, statue or device, illuminated or nonilluminated, which
is visible from any public place, designed to advertise, identify
or convey information, including any landscaping employing the aforesaid,
and/or used for the purpose of directing the public's attention to
an object, product, service, place, activity, person, institution,
organization or business. Displays of merchandise in storefront windows
at regular mercantile establishments shall not be considered signs;
however, a false window or window box affixed to the exterior of a
structure is a sign.
[Amended 3-1-1999 by L.L. No. 1-1999]
The entire background area of a sign on which copy can be
placed and which may be referred to as just "sign area" or "area"
and which is exclusive of the facade of the structure.
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 listing of two or more business enterprises on one sign.
[Added 3-1-1999 by L.L. No. 1-1999]
Any sign not attached to or part of any building. Included
are pole signs, pylon signs, masonry wall-type signs and sandwich
signs.
[Added 3-1-1999 by L.L. No. 1-1999]
Any sign, other than a freestanding pole sign, placed upon
or supported by the ground, independent of any other structure, including
a monument sign.
[Added 5-3-2021 by L.L.
No. 11-2021]
A temporary sign announcing or supporting political candidates
or issues connected with any national, state or local election, referendum
or ballot proposition.
[Added 3-1-1999 by L.L. No. 1-1999]
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not structurally attached to the ground,
a building, a structure or another sign.
[Added 3-1-1999 by L.L. No. 1-1999]
A sign which projects more than 18 inches but not more than
six feet beyond the wall of the structure to which it is attached
and to which it is perpendicular. Projecting signs shall not exceed
60 feet in area.
Any sign that is used only temporarily and is not permanently
mounted.
[Added 3-1-1999 by L.L. No. 1-1999]
Any sign integral with or attached to and parallel to the
face of the outside wall of a building. No part of said sign shall
project more than 18 inches from the building to which it is attached.
[Amended 3-1-1999 by L.L. No. 1-1999]
A plan, prepared to scale, showing, accurately and with complete
dimensioning, all of the uses proposed for a specific parcel of land.
A retail outlet specializing in tobacco and other legal products
in various forms and the related accoutrements and paraphernalia,
such as pipes, lighters, matches, pipe cleaners, etc., relevant to
the smoking culture.
[Added 5-3-2021 by L.L.
No. 11-2021]
That portion of a building included between the surface of
the floor and the ceiling next above it, having a height of at least
seven feet six inches.
A public thoroughfare or right-of-way, other than an alley,
dedicated, deeded or condemned for use as such, which affords the
principal means of access to abutting property, including avenue,
place, way, drive, lane, boulevard, highway, road and any other thoroughfare.
In addition to its other ordinary applications, any alteration
whereby a building or other structure is adapted to another or a different
use and to any alteration or repair which would violate any of the
regulations applicable in the district wherein the same is located,
if said building or other structure were entirely constructed or so
altered or repaired at the time such alterations or repairs are made.
Anything constructed or built, any edifice or building of
any kind or any piece of work artificially built up or composed of
parts joined together in some definite manner, which requires location
on the ground or is attached to something having a location on the
ground, including, but within limitation, swimming and wading pools,
covered patios, towers, smokestacks, poles, etc., except outdoor areas
such as paved areas, walks, tennis courts and similar recreation areas.
Vegetation in sufficient quantity and of sufficient maturity
so as to prevent erosion, maintain the general character of the area
and provide effective screening when such purpose is warranted.
The Town Board of the Town of Gates, New York.
The Town Engineer of the Town of Gates, New York.
A dwelling unit which is one of a series of noncommunicating
dwelling units, having a common party wall between each adjacent unit,
each with a private outside entrance.
The Zoning Board of Appeals of the Town of Gates, New York.
A premises used principally for the loading and unloading
of trucks operating under regulation of the New York State Public
Service Commission and/or the Interstate Commerce Commission as carriers
of goods; the premises may include, as secondary uses, temporary goods
storage, offices, warehouse space, fuel pumps, minor repair facilities
and tractor and trailer storage.
Any open space on the same lot with a building or a dwelling
group, which open space is unoccupied and unobstructed by any structure
except for the projections as permitted elsewhere in this chapter.
An open space extending the full width of the lot between
a building and the front lot line, unoccupied and unobstructed from
the ground upward except as specified elsewhere in this chapter; but
may include steps, terraces and enclosed porches.
An open space extending the full width of the lot between
a building and the rear lot line.
An open space extending from the front yard to the rear yard
between a building and the nearest side lot line, unoccupied and unobstructed
from the ground upward except as specified elsewhere in this chapter.
The Zoning Ordinance of the Town of Gates, New York.
