Town of Phelps, NY Article II Terminology

§ 145-4 Word usage; definitions.

A. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; and the word "shall" is mandatory and not optional.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING OR USE

A use or structure 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. Manufactured homes, trailers, truck trailers or bodies or similar movable objects which are not designed for permanent attachment to a realty shall not be deemed an "accessory structure."

[Amended 10-3-1994 by L.L. No. 2-1994]

ALTERATIONS

As applied to a building or structure, a change or rearrangement outside in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or moving from one location or position to another.

ALTERATIONS, STRUCTURAL

Any outside change in the supporting members of a building such as bearing walls, columns, beams or girders.

APPROVED MINED LAND-USE PLAN

An approved mined land-use plan as described in § 23-2713 of the Environmental Conservation Law, including both a mining plan and a reclamation plan.

[Added 7-9-2012 by L.L. No. 3-2012]

AUTOMOBILE OR TRAILER SALES AREA

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

AUTOMOBILE SERVICE STATION

A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, at retail, and where minor repair service is rendered.

BEDROCK

Consolidated rock underlying the surface.

[Added 3-14-2016 by L.L. No. 2-2016]

BOARD OF APPEALS

The Board of Appeals of the Town of Phelps.

[Amended 10-3-1994 by L.L. No. 2-1994]

BOAT REPAIR SERVICE

A building or place of business where gasoline, oil, greases, batteries, tires and boat accessories are supplied and dispensed direct to the boating industry at retail, and where major and/or minor repairs services are rendered.

[Added 8-5-1991 by L.L. No. 1-1991]

BOAT YARDS, SALES OR BUILDING FACILITIES

A building or open area, other than a street, used for the display, sale or rental of new or used boats and accessories used by boaters.

[Added 8-5-1991 by L.L. No. 1-1991]

BUILDING

A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

BUILDING HEIGHT

The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, silos, towers, tanks and similar projections.

BUILDING LINE, FRONT

The line, as extended to the lot lines, of that point of the principal building nearest the street line. This point includes covered porches, whether enclosed or unenclosed, but does not include steps. If there are street lines on two or more sides of the building (e.g., corner lots), the building shall be considered to have two front building lines.

[Added 8-10-2020 by L.L. No. 3-2020]

BUILDING LINE, REAR

The line, as extended to the lot lines, of that point of the principal building opposite and most distant from the front building line. This point includes covered porches, whether enclosed or unenclosed, but does not include steps. If there are street lines on two or more sides of the building (e.g., corner lots), the building shall be considered to have two rear building lines.

[Added 8-10-2020 by L.L. No. 3-2020]

BUILDING, PRINCIPAL

A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a "principal building" on the district lot on which the same is located.

CAMP

Any area of land or land and water, including any buildings, tents, shelters or other accommodations suitable for temporary or seasonal living purposes.

CODE ENFORCEMENT OFFICER

The administrative officer charged with the duty of enforcing the provisions of this chapter.

[Amended 10-3-1994 by L.L. No. 2-1994]

COVERAGE

That percentage of the plot or land area covered by the building area.

CUSTOMARY HOME OCCUPATION

Any use customarily conducted entirely within the principal structure and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the principal structure and does not change the character thereof.

DEC

The New York State Department of Environmental Conservation.

[Added 7-9-2012 by L.L. No. 3-2012]

DUMP

A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DWELLING

Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons intended for nontransient use. Manufactured and modular homes are included. Recreational vehicles and travel trailers are not included.

[Amended 5-16-1988 by L.L. No. 2-1988; 10-3-1994 by L.L. No. 2-1994]

DWELLING, MULTIPLE-FAMILY

A building or portion thereof used or designed as a residence for three or more apartment or dwelling units.

[Amended 10-3-1994 by L.L. No. 2-1994]

DWELLING, SINGLE-FAMILY

A detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.

DWELLING, TWO-FAMILY

A detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

DWELLING UNIT

One or more rooms, including cooking facilities, and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. Each unit shall be in conformance with the applicable regulations of the New York State Uniform Fire Prevention and Building Code.

[Amended 10-3-1994 by L.L. No. 2-1994]

ELUVIATION

The transportation of dissolved or suspended materials within the soil by the movement of water when rainfall exceeds evaporation.

[Added 3-14-2016 by L.L. No. 2-2016]

ENVIRONMENTAL CONSERVATION LAW

The New York State Environmental Conservation Law.

[Added 7-9-2012 by L.L. No. 3-2012]

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance by public utilities or the Town or other governmental agencies of underground or overhead gas, electrical or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or the Town or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

FACTORY-BUILT HOME

Any structure that is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation on a building lot and is designed for long-term residential use. For the purposes of these regulations, "factory-built homes" will consist of two types, known and described as follows:

[Added 5-16-1988 by L.L. No. 2-1988]

(1) MANUFACTURED HOME OR HOUSING A factory-built structure that is manufactured or constructed under the authority of 42 U.S.C. § 5401, for transit to and installation or assembly on a residential lot and bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act.

(2) (Reserved)[1]

(3) MODULAR HOME OR HOUSING All other factory built housing certified as meeting the New York State Uniform Fire Prevention and Building Code, and shall include housing commonly known as "modular," "panelized," "precut" and "prefabricated" as opposed to conventional stick built housing. For purposes of this chapter, "modular homes" shall be subject to the same standards as conventional stick built housing.

FAMILY

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

FARM

A parcel of land of 10 or more acres used principally in the raising or production of agricultural products and the necessary or usual dwellings, farm structures, storage and equipment.

FLOOR AREA

The sum of the gross horizontal area of the several floors of a building and its accessory buildings (excluding those used for off-street parking). "Floor area" shall not include cellar space, stairways and any floor space with floor to ceiling height less than seven feet.

GARAGE, PRIVATE

A detached or attached accessory building used only for the storage of private passenger vehicles.

HAULAGEWAY

All roads utilized for mining purposes, together with that area of land over which material is transported, that are located within the permitted area.

[Added 7-9-2012 by L.L. No. 3-2012]

ILLUVIATION

The accumulation of dissolved or suspended soil materials in one area or horizon as a result of eluviation from another.

[Added 3-14-2016 by L.L. No. 2-2016]

JUNK

Scrap metals and their alloys, bones, used materials and products (such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, automobiles, 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, but are subject to being dismantled for sale or parts.

JUNKYARD

An area of land, with or without buildings, primarily used for the storage outside of a completely enclosed building of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishing, machinery, vehicles or parts thereof, including junk, as defined in this chapter, with or without dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more wrecked or broken motor vehicles or the major parts of two or more vehicles, with the exception of agriculture-related vehicles, for a period of two months or longer shall be deemed to make the lot a "junkyard."

KENNEL

Any premises on which four or more dogs six months old or older are kept, bred and/or boarded.

[Added 7-2-1990 by L.L. No. 2-1990]

LARGE-SCALE BUSINESS DEVELOPMENT

A tract of land not less than five acres for nonresidential development, and which is planned for development as units under single ownership and control and which includes two or more nonresidential principal buildings.

LARGE-SCALE INDUSTRIAL DEVELOPMENT

A tract of land not less than 10 acres for nonresidential development, and which is planned for development as units under single ownership and control and which includes two or more nonresidential principal buildings.

LAYERS

Soil generally consists of visually and texturally distinct layers (also referred to as "horizon"). The Town of Phelps will use the general and fairly universal sequence of O-A-B-C-R to designate these layers/soil profiles (see attached Exhibit A).[2] Not all of these layers are present in every location.

[Added 3-14-2016 by L.L. No. 2-2016]

LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.

LOT AREA

The computed area contained within the lot lines.

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT LINES

The property lines bounding the lot.

(1) LOT LINE, FRONT The line separating the lot from the street.

(2) LOT LINE, REAR The lot line opposite and most distant from the front lot line.

(3) LOT LINE, SIDE Any 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.

(4) LOT LINE, STREET A lot line separating the lot from a street.

LOT, NONCONFORMING

Any district lot which does not conform to the minimum width, depth and area dimensions specified for the district in which said lot is located and the owner(s) of which does not own any adjacent property the subdivision of which would create one or more conforming lots.

[Amended 10-3-1994 by L.L. No. 2-1994]

LOT WIDTH

The distance between the two side lot lines measured at the required setback line.

MANUFACTURED HOME PARK OR COURT

A parcel of land under single ownership which has been planned and/or improved for the placement of two or more manufactured homes intended for nontransient use.

[Amended 5-16-1988 by L.L. No. 2-1988]

MANUFACTURED HOME PARK UNIT OR STAND

That part of a manufactured home lot which has been reserved for the placement of a manufactured home, appurtenant structure or additions, including driveway apron and patio. The manufactured home stand area is derived from the area of the lot which remains after all setbacks are met.

[Amended 5-16-1988 by L.L. No. 2-1988]

MINE

Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the DEC.

[Added 7-9-2012 by L.L. No. 3-2012]

MINERAL

Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. For the purposes of § 145-8.2 of the Zoning Law, peat and topsoil shall be considered minerals.

[Added 7-9-2012 by L.L. No. 3-2012]

MINING

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include reclamation of a mine or the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities.

[Added 7-9-2012 by L.L. No. 3-2012]

MOBILE HOME

[Repealed 5-16-1988 by L.L. No. 2-1988]

MOBILE HOME LOT

[Repealed 5-16-1988 by L.L. No. 2-1988]

MOTELS, MOTOR COURTS AND MOTOR HOTELS

A series of attached or semidetached dwelling structures, where each unit has convenient access to parking space for the use of the unit's occupants. The units, with the exception of the manager's or caretaker's, are designed to provide sleeping accommodations for automobile transients or overnight guests.

OVERBURDEN

All of the earth, vegetation and other materials which lie above or alongside a mineral deposit.

[Added 7-9-2012 by L.L. No. 3-2012]

PERSON

Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever.

[Added 7-9-2012 by L.L. No. 3-2012]

PLANNED DEVELOPMENT GROUPS

A structure or a group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, and which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.

PLANNING BOARD

The Planning Board of the Town of Phelps, Ontario County, New York.

[Added 10-3-1994 by L.L. No. 2-1994]

RECLAMATION

The conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of the Environmental Conservation Law.

[Added 7-9-2012 by L.L. No. 3-2012]

RECREATION

(1) RECREATION, COMMERCIAL Recreation facilities operated as a business and open to the general public for a fee, including golf courses, golf driving ranges, ice-skating rinks, swimming pools, picnic and clambake groves, amusement parks and fairgrounds.

(2) RECREATION, PRIVATE NONCOMMERCIAL Clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.

(3) RECREATION, PUBLIC Recreation facilities operated as a nonprofit enterprise by the Town of Phelps, any other governmental entity or any nonprofit organization and open to the general public.

REGOLITH

The layer of loose, unconsolidated rock and dust that sits atop a layer of bedrock.

[Added 3-14-2016 by L.L. No. 2-2016]

RELIGIOUS USE

A church, temple, synagogue, mosque or other similar place of worship.

REPAIR

The replacement or renewal, excluding additions, of any part of a building, structure, device or equipment, with like or similar materials or parts, for the purpose of maintenance of such building, structure, device or equipment.

ROOMING HOUSE

A building containing a single dwelling unit and containing rooms for the rooming and/or boarding of at least three persons, but not more than 10 persons, by prearrangement for definite periods of not less than one week.

SEASONAL DWELLING

A detached dwelling not used for permanent residence and not occupied for more than six months in each year.

SIGN

A name, identification, description, display or illustration or any other visual display which is affixed to or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall not include any display of official court or public office notices nor any official traffic control device nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A "sign" shall not include a sign located completely within an enclosed building except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a "sign."

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.

SOIL HORIZON

A layer generally parallel to the soil surface, whose physical characteristics differ from the layers above and beneath. A soil horizon commonly is differentiated from the horizons adjacent to it by characteristics that can be seen or measured in the field, such as color, structure and texture. Horizons are defined by obvious physical features, chiefly color and texture. The following are the main soil horizons generally found within the Town of Phelps:

[Added 3-14-2016 by L.L. No. 2-2016]

(1) O HORIZON O stands for organic matter; surface organic deposit with litter layer of plant residues in relatively nondecomposed form; mostly made up of leaf litter and humus (decomposed organic matter) and/or grass.

(2) A HORIZON Topsoil; this is the surface soil comprised of organics with mineral matter; it has the most organic matter accumulation. This is the zone in which the most biological activity occurs. Soil organisms such as earthworms, pot worms, arthropods, nematodes, fungi and many species of bacteria and archaea are concentrated here, often in close association with plant roots.

(3) B HORIZON Subsoil; subsurface layer reflecting chemical or physical alteration of parent material. This layer accumulates iron, clay, aluminum and organic compounds, a process referred to as illuviation.

(4) C HORIZON Parent rock; the parent material in sedimentary deposits. It consists of slightly broken-up bedrock. It is the unconsolidated material below the A and B horizons. This layer is also called the "regolith."

(5) R HORIZON The layer of unweathered bedrock at the base of the soil profile, and is composed largely of consolidated masses of hard rock that cannot be excavated by hand. This is the unweathered rock (bedrock) layer that is beneath all the other layers.

SOIL PROFILE

A vertical section exposing a set of horizons (layers) from the ground surface to the parent rock/bedrock.

[Added 3-14-2016 by L.L. No. 2-2016]

SPECIAL USE

A use which because of its unique characteristics requires individual consideration in each case by the Board of Appeals and the Planning Board before it may be permitted in the district enumerated in this chapter.

STATE MINING PERMIT

A permit issued by the DEC under Article 23 of the Environmental Conservation Law.

[Added 7-9-2012 by L.L. No. 3-2012]

STRUCTURE

Anything constructed, the use of which requires permanent location on the ground or attachment to something having permanent location on the ground, including stationary and portable carports.

STRUCTURE, NONCONFORMING

A structure or sign, the design or size of which does not conform to the regulations of this chapter for the district in which it is located.

TAILINGS

Material of inferior quality or value resulting from the removal, preparation or processing of minerals.

[Added 7-9-2012 by L.L. No. 3-2012]

TOPSOIL

Of the five master soil horizons, this is the horizon designated as the "A horizon."

[Added 3-14-2016 by L.L. No. 2-2016]

TOURIST HOME

A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

TOWN BOARD

The governing body of the Town of Phelps.[3]

TRAVEL TRAILER

A vehicle less than 32 feet in length and used for temporary living or sleeping purposes and standing on wheels.

TRAVEL TRAILER CAMP

Any site, lot, field or tract of ground on which two or more manufactured homes or travel trailers may be placed, and shall include any building, structure, tent, vehicle or enclosure used or intended to be used as a part of the equipment of such camp and intended for transient use.

USE, NONCONFORMING

A building, structure or premises legally existing and/or used at the time of the adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located.

VARIANCE

The Board of Appeals authorized departure from the terms of this chapter in accordance with the procedures set forth therefor in this chapter:

(1) USE VARIANCE The authorization by the Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.

[Added 10-3-1994 by L.L. No. 2-1994]

(2) AREA VARIANCE The authorization by the Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the chapter.

[Added 10-3-1994 by L.L. No. 2-1994]

YARD

An open space which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed, except for permitted accessory uses and trees and other shrubs, from the ground upward except as herein permitted:

[Amended 10-3-1994 by L.L. No. 2-1994]

(1) YARD, FRONT An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.

(2) YARD, REAR An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.

(3) YARD, SIDE An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.

ZONING BOARD OF APPEALS

The Board of Appeals of the Town of Phelps.

ZONING MAP

The Official Zoning Map of the Town of Phelps of 1974, together with all amendments subsequently adopted.

[1] Editor's Note: The former definition of "mobile home or housing," which pertained to factory-built structures built prior to June 15, 1976, and did not bear a label certifying that they were built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act, was deleted pursuant to L.L. No. 7-1998, adopted 12-8-1998, that replaced the term "mobile home" with "manufactured home."

[2] Editor's Note: Exhibit A is included as an attachment to this chapter.

[3] Editor's Note: The definition of "trailer," which immediately followed this definition, was deleted 10-3-1994 by L.L. No. 2-1994.