The general and overall intent of this chapter
is to promote the health, safety, and welfare of the community. Further
purposes of this chapter are:
A.
To minimize conflicts from incompatible uses.
B.
To secure from fire, flood, panic and other hazards.
C.
To provide adequate light and air.
D.
To prevent overcrowding of land.
E.
To prevent undue concentration of population.
F.
To lessen congestion in the streets.
G.
To provide a variety of use districts within the Town
to accommodate a diversity of residential densities and types.
H.
To facilitate the adequate and efficient provision
of transportation, water, sewerage, schools, parks and other service
requirements.
I.
To encourage the most appropriate use of the land
based on its natural characteristics.
J.
To protect important natural and scenic resources
such as lakes, streams, wetlands, aquifers, historical sites and agricultural
land.
K.
To preserve the quality of natural resources, including
air, water, soil, and vegetation.
L.
To maintain and enhance the rural character and viability
of agriculture and agribusiness of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory facility or structure serving or being used
in conjunction with a telecommunications tower, and located on the
same lot as the telecommunications tower, including utility or transmission
equipment storage sheds for cabinets.
An advisory board consisting of residents appointed by the
Vernon Town Board to address planning and zoning issues on a case-by-case
basis. Its role is to coordinate with professional planners, oversee
compliance with the Comprehensive Plan, and adjust planning and zoning
issues according to changing land use trends and conditions.
Article 25-AA of the Agriculture and Markets Law of New York
State authorizes the creation of local agricultural districts pursuant
to landowner initiatives, preliminary court review, state certification,
and county adoption. Agricultural districts protect farming from overly
restrictive local laws, government funded acquisition on construction
projects, and private nuisance suits involving agricultural practices.
A special agricultural district that provides a "use value"
assessment for eligible farmland (e.g., agricultural exemption and
special benefit exemption). This allows farmland to be taxed for its
agricultural value rather than its market value (i.e., non-farm development
value). Any owner of land used for agricultural production may qualify
to be included in an Agricultural Taxing District if the land meets
the requirements of New York State Real Property Tax Law or is rented
to an eligible farm operation.
An agricultural zoning district is a district formed by the
Town for the purposes of accommodating agricultural land uses. The
district is one of several zoning districts in the Town, but is intended
to provide a means for protecting economically viable farming activities
from incompatible land uses.
The science, art, business, and industry of cultivating soil,
producing crops, and raising livestock and equestrian animals; farming
as defined by the New York State Department of Agriculture and Markets.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or the enlargement
in height or area; or the moving from one location to the other.
A primary or accessory use where domestic or farm animals
are harbored overnight for compensation and are provided with basic
supervision and care (food, sleeping and waste disposal areas). Common
examples of this use include dog breeders and private or public horse
stables. This land use may include facilities and area for grooming,
training, riding, or shows.
A primary or accessory use where domestic (for example, dogs
and cats) animals are temporarily present for nonmedical care (grooming
or training programs) such as dog obedience; companion, Seeing Eye,
or rescue instruction, or competitive skills activities (hunting,
retrieving, racing). This land use may include ancillary sale of retail
products and/or areas for shows. The definition excludes facilities
for the boarding or breeding of animals.
This chapter recognizes and addresses three basic categories
of animal that are relevant to control within the scope and purpose
of this chapter: domestic, farm and exotic or wild animals.
DOMESTIC ANIMALSThose species that have historically been bred to live with people and are commonly trained and associated with people's homes or places of work as pets or as (non-farm) working companions; these are dogs and cats. Other animals that have a historical presence as pets are some nondomesticated species that are maintained within glass tanks, cages or similar display containers and include tropical fish, birds, small reptiles (turtles, frogs, lizards), and small rodents (hamsters, gerbils, mice and rats). Note: These nondomesticated animals are commonly available from retail pet stores, and supplies and food for their care are generally available in general merchandise outlets, such as grocery or department stores.
FARM ANIMALSThose species that have historically and commonly been associated with agricultural uses as the production product (food, hides, fur, etc.) or as work animals directly related to agricultural process (hauling, plowing, etc.). Typical farm animals include horses, cows, chickens, sheep, and pigs. Other animals such as llamas, emus, alpacas, and rabbits are included if they are associated with agricultural uses as defined by Article 25-AA of the Agriculture and Market Law. Some species of fish are also raised in aquatic farms, such as salmon, catfish, and trout. An agricultural use may be devoted solely to animal breeding for sale and end use by others, such as horses that are used for recreational purposes (racing, riding, or show).
EXOTIC (WILD) ANIMALSThose species that are indigenous or nonindigenous wild animals captured or bred in captivity and typically are not acclimated through selective breeding to regular human contact. Though individual animals of many species have been domesticated for such human purposes as education (zoos, teaching facilities), entertainment (theater, circus shows) or even as pets, they are not considered to be domestic or farm animals. Examples include large animals: monkeys, apes, lions, tigers, wolves, alligators, and boa constrictors. Small animals include falcons, hawks, squirrels, and raccoons. Some animals, such as ferrets, may require special licensing from New York State to be sold or maintained as pets. Due to the size, characteristics, or nature of some of these animals, they remain potentially harmful to humans and require special care and monitoring even when domesticated.
The legal incorporation of some territory into another adjacent
or contiguous entity (e.g., city to town, village to town).
A system of electrical conductors that transmits or receives
radio frequency signals. Such signals shall include, but are not limited
to, radio, television, cellular, paging, personal communications services
(PCS) and microwave communications.
CONVENTIONAL TELEVISION OR RADIO ANTENNAAny receiving antenna other than a satellite antenna.
DISH ANTENNASee "antenna."
SATELLITE ANTENNAAny parabolic dish, antenna or other device or equipment of whatever nature or kind, the primary purpose of which is to receive television, radio, light, microwave or other electronic signals, waves and/or communications from space satellites.
A dwelling unit in a modified single-family unit, duplex,
multiple-family dwelling or mixed-use occupancy building.
See "dwelling, multiple-family."
A street which serves or is designed to provide for intercommunity
traffic movement or to move larger volumes of traffic from one area
to another.
See "nursing home/assisted-living facility."
See "motor vehicle sales, service, and rental."
See "retail use."
A facility to provide food and entertainment for such activities
as weddings, parties, and banquets.
[Added 9-10-2012 by L.L. No. 3-2012]
A type of home occupation in an owner-occupied, single-family
residence offering overnight lodging for guests or tourists and may
include dining facilities limited only to the overnight guests.
See "perimeter landscape strip."
The area within a lot eligible to be built upon or occupied
by structures and/or land use activities that is bounded and established
by the required front, side and/or rear building lines set forth in
the zone district requirements or supplemental regulations.
A type of structure wholly or partially enclosed within exterior
walls and a roof to be used for sheltering people, animals, property,
business or other activities. Structures divided with interior walls
extending from the foundation through to the roof shall generally
be considered separate buildings. Common examples include houses,
garages, factories, barns, and mobile homes. Fences, signs and temporary
structures, such as tents, are not buildings.
The vertical distance as measured from the average elevation
of the proposed finished grade (ground surface) at the front of the
building or of a structure to the highest point of the building or
the structure, which highest point shall include, but not be limited
to, the highest or topmost point of the roof, together with all towers,
chimneys, penthouses, signs, tanks, elevators or stair bulkheads,
mechanical equipment, and/or light poles.
A line or lines determined by zone district setback requirements,
parallel to the property lines and establishing the closest points
that a structure may be placed within a property.
See "lot width."
A retail or wholesale use where lumber, construction supplies,
and similar products are sold, displayed for sale or stored. Materials
may be stored and activities may be conducted in exterior open areas.
The commercial development of land to be used or occupied
by structures, equipment, vehicles, or storage areas designed to hold
and distribute large quantities of material. Examples include petroleum
products, fuels, and potentially hazardous chemicals.
The display for sale of not more than one operable motor
vehicle at any one time and not more than four operable motor vehicles
in any one calendar year by the titled owner on or from property utilized
for residential purposes and owned or occupied by the titled vehicle
owner, which display and sale is not in connection with the conduct
of any business.
See "utility substation."
Land improved and maintained for the interment of human or
animal remains and may include interment structures, such as mausoleums,
administrative and maintenance structures and facilities for conducting
funeral services, but excludes facilities for the cremation of human
or animal remains.
That person who shall be designated to perform the duties
of the Clerk of the Zoning Board of Appeals for all purposes of these
regulations.
A development style that encourages a higher density of dwellings
per acre on a portion of a development site while maintaining overall
density allowed under zoning with the intent of retaining open space
areas.
See “Zoning Enforcement Officer (ZEO).”
A street which serves or is designed to serve as a trafficway
for a neighborhood or to collect traffic from local streets and conducts
it to arterial streets.
See "utility substation."
A facility under the direct supervision and control of a
charitable, religious, social service or similar not-for-profit civic
organization designed and used as a place of assembly for religious,
social, recreational or educational programs and meetings for the
general public. A center may contain incidental food facilities. It
shall exclude private clubs and any facilities to house or lodge overnight
guests.
The processes engaged in and developed by the Town to formulate
and/or implement immediate and long-range objectives for the enhancement
and development of the Town. These processes include the accumulated
case actions, analyses, policies, studies, reports with or without
maps and may or may not be formally adopted by the Town.
A housing development in a rural setting that is characterized
by compact lots and common open space, and where the natural features
of land are maintained to the greatest extent possible.
The combining of one or more parcels of land. See also "subdivision."
Land or structures serving as the base of operations for
building trades contractors, trucking or heavy equipment operators
or similar professions. Examples include irrigation and well-drilling
services, plumbing contractors, or landscape contractors. Such uses
may include related offices; storage areas for equipment, materials,
and job-site trailers; and service areas for equipment. This use excludes
on-site retail or wholesale sales, or the storage and/or servicing
of merchandise, vehicles or equipment unrelated to the contracting
business.
A small retail store offering roadside convenience that is
less than 2,000 square feet in retail floor and contains up to four
stations for simultaneously fueling four vehicles at one time. Convenience
store containing five or more stations for simultaneously fueling
four vehicles at one time shall be called a “motor vehicle service
station.”
A lot located at the intersection of and fronting on two
or more intersecting streets and having an interior angle at the corner
of intersection of less than 135°. The wider ROW frontage of a
corner lot shall be the front of the lot. Front yard setbacks on corner
lots shall be governed by the most restrictive setback and corner
lots shall have two equal front yards at the road line (e.g., highway
ROW line). A corner lot shall have one side yard and one rear yard
established in relation to that front yard. (See also "lot, three-sided.")
The purpose of a country store is to provide opportunities
for agricultural enterprises located in the Town to retail their products
directly to consumers. Agricultural products grown or otherwise produced
by the owner must constitute a substantial portion of all items sold
at a country store. The sale of other related items of an agricultural
or country nature is permitted to attract customers and promote the
sale of the owner's agricultural products. Such related items include
produce, plants, lawn and garden supplies, pet food, baked goods,
ice cream, clothing items promoting the store and the like. Prohibited
sales include vehicles, petroleum products, hardware, tobacco products,
beer and liquor, nonpromotional clothing, furniture, sporting goods,
farm or garden machinery, and other items not related to and designed
to promote the agricultural nature of the establishment. With the
exception of serving food composed primarily of ingredients produced
on the owner's farm, such facility shall not include an indoor restaurant.
A building with incinerators or furnaces used to reduce human
or animal remains to a dust or gravel-like material. The use shall
exclude space for the storage or burial of remains. (See also "cemetery.")
Land without any buildings used for the commercial production
of agricultural products, such as corn, wheat, vegetables, ornamental
plants, or fruit. It may include minimal improvements and/or structures,
such as fences or irrigation systems.
An easement or service drive providing vehicular access between
two or more contiguous sites so that the driver does not need to reenter
the public street system (Access Management Manual, 2003).
See "instructional facility."
A land use in which care and supervision of (at least three
or more) minors (children) or dependent adults is provided on a daily
or regularly programmed basis outside of their place of residence.
Care for each person is for less than a period of 24 hours and may
occur during any part of a day. Examples of activities which are day-care
facilities under this code include nursery schools, preschool programs,
after-school programs or day-care centers, and senior day-care facilities.
A street or a portion of a street with only one vehicular
traffic outlet.
See "zone district."
An accessory or primary land use that is a facility from
which customers conduct any business, secure consumer goods or services,
and such goods and services are dispensed for use or consumption either
off-premises or while the customers remain in their motor vehicles.
This facility may be a mechanical device, a service-type window, or
a kiosk attached to or detached from a principal building. This definition
includes facilities commonly referred to as "drive-in or drive-through
banks," "drive-in restaurants and movie theaters," "ATMs (automatic
teller machines)," and "drive-up kiosks." This definition specifically
excludes gasoline service stations, car washes, and similar motor
vehicle services where the vehicle is the object of the retail service;
it also excludes designated vehicle loading areas accessory to retail
or wholesale uses.
A lot, or land, or part thereof, used primarily for the storage
or 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.
A house, apartment building or other permanent building designed
or used primarily for human habitation.
A building designed for and occupied as a principal use by
three or more dwelling units.
A building containing only one dwelling unit, and occupied
by only one family.
A building containing only two units, and occupied by only
two families.
A complete self-contained residential unit that provides
complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
A single unit is intended for use by one traditional family as defined
by the U.S. Bureau of the Census.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his property.
The use of land, structures or facilities to store, care
and operate emergency rescue, fire, or ambulance services. It may
include space for vehicles, equipment, and personnel.
A person licensed as a professional engineer by the State
of New York.
The Environmental Protection Agency.
Land used for the removal and transfer of sand, gravel, rock
or stone, topsoil or earth and similar substances from their original
or natural locations to a different property. Examples include borrow
pit, gravel or sand pit or mine. This definition shall exclude the
removal of such substances incidental to the construction or the operation
of a principal use and when the removed substances are redistributed
on the original site or disposed of in accordance with a method approved
by the Town.
A facility designed for the assembly of large numbers of
people to attend meetings, lectures, conventions, or commercial product
shows. It may include areas for the consumption of food, classrooms,
auditoriums, and offices. It excludes facilities for and the conducting
of sporting events and recreational activities.
The Federal Aviation Administration.
One or more persons occupying the premises and living as
a single housekeeping unit with common use, care and access to living
and sleeping areas with shared cooking, eating and toilet facilities
as distinguished from a group of individuals occupying specified rooms
and without common access, use, or care of the entire dwelling, such
as within a boarding- and rooming house, motel/hotel, dormitory, fraternity/sorority,
club or hospital/nursing home.
Land occupied for the commercial production of field crops,
fruits, vegetables, ornamental plants, livestock and livestock products,
woodlands or similar products. A farm may include one or more noncontiguous
properties, but the primary farm properties (those occupied by a farm
residence, farmstead, or any other farm-related structures) shall
meet the zone district's minimum dimensional standards. A farm typically
includes buildings, structures and outdoor areas for the storage,
distribution, use of fuel, supplies, equipment, and raw agricultural
products and may include buildings used for residential purposes;
the term includes facilities to process, cook, and mill or transform
raw agricultural products into retail consumer goods. (See also "cropland"
definition; for retail sale, see "farm stand.")
An incidental and subordinate activity of a farm, nursery
or greenhouse involving a building or lot or portions of a building
or lot used for the seasonal retail sale of agricultural products,
and may include activities in which retail customers pick or select
their own produce from the fields or growing areas. A farm stand sales
area may be one or more noncontiguous spaces within a property and
shall be greater than 100 square feet. A total sales area of 100 square
feet or less does not constitute a farm stand.
The Federal Communications Commission.
A parcel of land shaped like a flag; the staff is a narrow
strip of land providing vehicular and pedestrian access to a street,
with the bulk of the property lying to the rear of other lots; or
an irregularly shaped lot with at least two major portions, a nondevelopable
narrow area abutting a right-of-way connected to the larger developable
area surrounded by other lots, conforming in all other respects to
the district lot and setback requirements. The undevelopable portion
of the lot shall be maintained clear of all structures and have a
minimum width of 30 feet.
See "yard, front" (applicable to other derivations, e.g.,
front yard depth, front yard width).
A building or portion of building designed and occupied for
the preparation of deceased persons or animals for burial and for
the arrangement and management of burial ceremonies; the use commonly
includes accommodations for people to congregate and hold ceremonies
and includes the terms "funeral parlor" or "undertaker." The term
excludes facilities for the cremation of human remains or animals.
(See "personal service use.")
A building, structure or area of land used primarily for
the servicing of motor vehicles. It shall primarily include facilities
for the retail sale and dispensing of motor fuels and petroleum products,
goods and services generally required in the operation and maintenance
of motor vehicles, sale and servicing of tires, batteries, automotive
accessories and replacement items; lubrication services and the performance
of routine automotive maintenance and repairs. It may include areas
for the retail sale of items such as prepared foods, groceries, magazines,
household or personal care items (not to be considered a convenience
store or service station).
A retail gasoline sales facility consisting solely of gasoline
pumps, a shelter for station personnel, an overhead canopy, underground
gasoline storage tank(s) and typical associated fire suppression and
environmental protection equipment. Except for retail gasoline sales
or vehicle washing, no other vehicle-related services shall be provided.
It may include incidental sale of materials or merchandise, such as
prepared food, magazines, household and personal items. A limited-use
gasoline station may be considered, when found appropriate by a reviewing
board, to be a secondary use (not to be considered a convenience store
or service station).
Drawing(s) of a site offering a depiction of how a site exists
or is proposed to be modified. The graphic plan typically accompanies
the submission application or documentation for a zoning approval
and will be drawn to scale and include details specified by the Town.
An accessory structure for a residential, nonresidential
or commercial land use that is typically enclosed with glass, plastic
or similar materials and which may be used for personal enjoyment
and/or the noncommercial production of plants.
A structure typically enclosed with glass, plastic or similar
translucent materials within which agricultural or horticultural products
are grown for retail or wholesale sale, and includes appropriate areas
for parking, loading and storage, office and customers.
The sum of the total horizontal areas of the several floors
of all buildings on a lot, measured from the interior faces of exterior
walls. In addition to areas primarily used for human occupancy, the
term also includes basements, elevator shafts, stairwells and any
floor space (attics, penthouses, mechanical rooms) with structural
headroom of six feet, six inches or more.
A small settlement or cluster of mixed land uses too small
to be considered a village or below the population threshold to be
incorporated as a village.
A facility designed, constructed, and maintained to safely
store and distribute materials considered hazardous in normal use.
Examples include ammunition, explosives, and chemical waste.
An informal process that may be required by this code or
may be optional by a reviewing board; its primary purpose is to disseminate
and present information to the public. The reviewing board shall establish
the notification requirements and conduct of the meeting.
A formal process required by NYS law and/or this code; its
primary purposes are to provide information to the public and to solicit
opinions and comments from the public. New York State law, this code
and/or Town policy stipulate notification requirements.
A use where construction, farm or similar large equipment
and machinery may be sold, stored, displayed or serviced. Such activities
may be conducted in open areas outside of any structures.
Any personal or professional service, trade or occupation
conducted within a dwelling by any member of the family residing in
the unit, which use is incidental to the primary use of the property
for residential purposes. A home occupation shall not change the residential
character of the unit.
An institution specializing in giving medical, surgical or
rehabilitation treatments to persons on an in- or out-patient basis,
and may include lodging and dining facilities for the patients and
staff.
A principal use of structure for individual or small-group
sporting events or recreational activities, such as indoor tennis
courts, bowling alleys and athletic clubs. Such facilities are designed
for the direct use and participation of most of the attendees, and
may include minimal spectator facilities.
A principal use of structure for individual or team sporting
events or recreational activities, such as indoor soccer fields and
basketball courts. Such facilities are designed for the direct use
and participation of some of the attendees, and include substantial
spectator facilities.
Development of vacant land or use of existing vacant buildings
within an area that is largely undeveloped. Infill projects may range
from the construction of a new house on a vacant lot in an existing
subdivision to a new commercial building on a vacant lot in the Town
commercial center.
The various public and private systems and facilities necessary
to support the functionality of a community (e.g., sewer and water,
electric, communication lines, roads, railroads, etc.).
A principal use offering individual or small-group instruction,
orientation or training in various topics for personal development,
such as performing arts, martial arts, crafts, or computer usage.
Land occupied by an activity principally characterized by
the collection, dismantling and salvaging of waste material, inoperative
equipment, machinery or motor vehicles, and may include the retail
sale and/or wholesale distribution of salvaged material. (See "dump.")
(See "animals" and animal-related definitions.) A land use
or structure used for the commercial harboring or care of domestic
animals, such as dogs, cats, and similar domestic pets.
See "perimeter landscape strip."
A type of term used in this code as a group label for terms
that describe and define human activities (land uses) that may occur
on the land.
A public or private institution maintaining a selection of
books, records and similar media for use by the general public or
membership, and may include meeting or lecture rooms, but shall exclude
businesses which rent books, records, videotapes, videodiscs, athletic
equipment or similar objects for compensation or profit.
An area of land defined by property lines shown on a deed,
survey or official tax map, and is considered as a unit, occupied
or capable of being occupied by one principal building and accessory
buildings or uses, or when permitted in this code by multiple buildings
or uses united by a common use or interest; and including such open
spaces as are required by this code, and having frontage on a public
or private right-of-way or an officially approved right-of-way.
The total square footage within the property line of a lot,
including easements and excluding land within dedicated streets or
highway boundaries
See "corner lot."
See "flag lot."
The orientation of a lot shall be determined as follows:
The front property line of a lot shall be same as the street right-of-way
line, regardless of length and intended orientation of any existing
or proposed buildings, and the side and rear lines shall be determined
relative to that front line. For corner, reverse-frontage and flag
lots, see applicable definitions. For all other irregularly shaped
lots, the Zoning Board of Appeals shall determine the lot orientation.
A non-corner lot that has two opposite lot lines contiguous
with a street right-of-way line, one line representing the front and
the other representing the rear of the lot. Unless specified during
a subdivision approval process, the front lot line shall be determined
by Zoning Board of Appeals and shall be based upon the following guidelines:
the predominant orientation of nearby lots, the character of the abutting
rights-of-way, and the existing or intended land use.
See "shoreline lot."
A lot with only three property lines forming its boundaries.
For purposes of enforcement, it shall have no rear yard, two side
yards and a front yard extending the entire width of the lot. The
front yard shall conform to the requirements of the applicable zone
district and shall have two side yards with a minimum depth of 10
feet each, regardless of the zone district requirements.
The distance between the side property lines measured along
the front building line as determined by the applicable front yard
setback requirement as defined in this code.
See "shoreline lot width."
A street which serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic generating areas.
A transportable dwelling unit suitable for one family, year-round
occupancy and containing the same conveniences as immobile housing
with respect to water supply, light, heat, power and waste disposal.
A manufactured home is a portable unit designed and built to be towed
on its own chassis comprised of a frame and wheels and designed for
occupancy without a permanent foundation for year-round living. A
unit may contain parts that may be folded, collapsed or telescoped
when being towed and expanded later to provide additional cubic capacity.
A unit may also be two or more separately moveable components designed
to be joined into one integral unit capable of being again separated
into the components for repeated towing (double-wide). Though manufactured
units retain mobility, they are designed to be used as long-term residential
units and exclude travel trailers, motorized homes, pickup coaches,
camping trailers, and all forms of recreational vehicles.
Land and/or a building occupied to process or transform raw
or previously processed materials into finished products or parts
and the storage and distribution of those materials to other manufacturers
and/or wholesale or retail businesses. Examples include furniture
manufacturers, metal processing, chemical processing, or assembly
plants. This use shall exclude bulk storage and distribution of petroleum,
natural gas or potentially hazardous chemicals.
Access from roads parallel to and adjacent to arterials that
abut properties and provide protection from through traffic. Marginal
access roads and streets will be construed as local access or secondary
collectors dependent on area served and traffic anticipated from particular
developments.
The accessory use of land adjacent to a water body for an
individual private dock or boathouse facility incidental to a principal
residential use.
The use of land, structures and adjacent water bodies for
the storage and docking of one or more boats at docks or boathouse
facilities. It shall exclude public or club use and shall contain
no facilities for fuel, repair, sales, food or similar commercial
operations.
The use of land, structures and adjacent water bodies for
the storage, docking, and/or servicing of boats for compensation or
as a nonprofit operation. It may include other business activities,
such as retail fuel sales and administrative operations, restaurants
and similar services.
A comprehensive plan prepared by the Zoning Board of Appeals
pursuant to § 272-a of the Town Law, which indicates the
general locations recommended for various functional classes of public
works, places and structures and the general physical development
of the Town and includes any unit or part of such plan separately
prepared and any amendment to such plan or parts therein.
An office where patients are treated or attended to by medical
practitioners that include but are not limited to physicians, dentists,
physical or occupational therapists, laboratory tests, diagnostic
(X-ray, MRI, etc.) testing. This definition excludes clinics and hospitals.
A method of providing telecommunications bandwidth by means
of a series of antennas, transmitters and reflectors on towers.
See "public self-storage facility."
A street intended to serve primarily as an access to abutting
properties.
See "manufactured home."
Land designed and planned in accordance with this code for
occupancy by one or more manufactured home units.
Any structure or building designed only for permanent placement.
It may be assembled completely or partially into major building components
off-site; and transported to a different site for permanent placement
on a foundation. A major building component shall include but not
be limited to such elements as rooms and be an assembled unit of walls,
floor and ceiling. Off-site preassembly of elements such as stairs
or steps, roof rafters or floor joists commonly used in the conventional
construction of a building shall not be considered major building
components. For purposes of these zoning regulations, a modular structure
is the same as any conventionally built structure and shall comply
with all applicable use and dimensional controls.
A vehicle as defined in § 125 of the Vehicle and
Traffic Law of New York State.
Land and structures commercially used for the servicing and
repair (including auto body/collision repair), sales, or rental of
motor vehicles; including cars, trucks, recreational vehicles, motorcycles,
trailers, snowmobiles or boats.
Any area of land, including structures and buildings thereon,
which is used for the supply of gasoline, oil, or other fuel for the
propulsion of motor vehicles that may or may not include facilities
for polishing, washing or otherwise cleaning such vehicles. Any convenience
store with five or more stations for fueling vehicles at a single
point in time shall be called a motor vehicle service station and
the retail store will be considered an ancillary use.
A facility occupying land, structures and/or buildings for
the temporary controlled storage of operable motor vehicles. The addition
or removal of any vehicle shall be subject to the control of the facility
management. The use may contain space for offices and vehicles directly
related to the operation. Examples include impound yards, towing services,
vehicle holding yards or similar facilities storing vehicles for legal
or financial reasons. This use excludes routine public parking, public
garages, the storage of disabled or junk motor vehicles and/or motor
vehicle sales, service, rental (as defined).
A realistic means for expanding travel, mobility, and accessibility
opportunities within the Town by supporting and promoting alternative
modes of transportation. This includes a fuller understanding of the
relationship that land use policy, growth planning, and design standards
play in furthering the ultimate success of alternative transportation
modes such as walking and bicycling.
Includes organic farming, naturally occurring biological
processes, or near-organic methods of producing agricultural products
without utilizing synthetic pesticides, herbicides, agri-chemicals,
hormones, or other non-natural means (example: organic farming).
An establishment typically open to the public that predominantly
includes areas for customer dancing or similar activity from live
performance or recorded musical entertainment; it may include incidental
food services and eating areas. (See also "land use," "restaurant,"
and "indoor recreation-participant.")
A building, existing at the time of the enactment of the
zoning law or amendment thereto, that does not conform to the regulations,
except the use regulations of the district in which it is situated.
A use of land or building existing at the time of an enactment
of the zoning law or amendment thereto that does not conform to the
regulations as to the use of the district in which it is situated.
Land and/or building improved and occupied for the commercial
raising, storage or retail sale of household or ornamental plants,
and may include the incidental sale of garden supplies.
See "day-care center."
An establishment where elderly, sick, invalid, infirm or
convalescent persons are housed or lodged, furnished with meals and
long-term nursing care and rehabilitation for hire.
Operation and maintenance of municipal facilities and systems.
A building or a portion of a building exclusively occupied
to perform services as a principal, accessory or incidental use of
an administrative, professional or clerical nature and includes activities
such as insurance, real estate, financial, legal, design, engineering,
and management. It shall exclude a medical office, separately defined
in this code.
[Amended 3-17-2008 by L.L. No. 1-2008]
A principal structure primarily designed and/or occupied
by one or more offices. (See "office" definition.)
The map established by the Town Board pursuant to § 270
of the Town Law, showing streets, highways, parks and drainage, both
existing and proposed.
A principal use of land or structures for individual or small-group
sporting events or recreational activities, such as swimming pools,
tennis courts, golf courses and exercise tracks, archery, pistol or
rifle ranges. Such facilities are designed for the direct use and
participation of most of the attendees and may include minimal spectator
facilities. This land use may include incidental facilities for serving
food and beverages.
A principal use of land and facilities for individual or
team sporting events or recreational activities, such as outdoor soccer,
football or baseball fields or basketball courts. Such facilities
provide substantial spectator seating and observation areas and may
include space for direct participation of some of the attendees. This
land use may include incidental facilities serving food and beverages.
(See also "retail use.") The use of an area of land outside
of a building for the sale, display, servicing or storage of products,
equipment, supplies, or merchandise related to a retail use. Such
areas may be incidental to a principal retail use occupying a building
or may be the primary sales area and include by illustration the sale
of lumber, building or garden supplies, but specifically excludes
vehicle sales, service or repair, junkyards, waste or scrap products
or farm products.
Wood-fired water heaters that are located outdoors or are
separated from the space being heated. The fires in the large fire
boxes heat water that is circulated into the home through underground
pipes. The energy may be used to heat houses, shops, domestic hot
water, greenhouses, swimming pools, and spas. Indoor installed boilers
are a variation of an OWB. They are in the same legal category as
OWBs, and subject to the same regulations.
A zoning overlay builds on the underlying zoning, by establishing
additional or stricter standards and criteria; the standards of the
overlay zone apply in addition to those of the underlying zoning district.
Overlay zoning can be an effective tool for communities to use in
protecting specific resources from development pressures.
An area of land to be subdivided or consolidated. (See also
"lot.")
An area for the temporary parking of a motor vehicle consisting
of at least 180 square feet with a minimum width of nine feet.
See "park/playground (public or private)."
Public or private land reserved and minimally improved for
recreational, educational or scenic purposes available to the general
public or to a limited membership and may include facilities such
as ball fields, tennis and basketball courts, playground equipment,
storage and service buildings and picnic shelters, but excludes outdoor
recreational (participant or spectator) uses as defined in this code.
The land adjacent to front, side and rear lot lines, included
within the same space for required setbacks but solely designed and
used for buffering and transition between lots. Irrespective of allowable
structures or uses within such required setbacks, the perimeter strip
shall not be used for parking. Driveways and walks are permitted to
transverse a perimeter strip to allow for necessary vehicle and pedestrian
movements. It is intended that such perimeter strip be used for planting
of trees, shrubs, flowers, and evergreens to provide neighborhood
beautification.
A commercial activity where the customer is typically present
and is the direct object of the services received and characterized
by the direct on-premises sale of services to the ultimate customer
and includes uses commonly referred to as "barbershops," "beauty salons,"
"dry cleaners," "self-service laundries" and similar activities. (See
also "retail use.")
Districts that are predominantly retail commercial in nature
but may include some residential land uses, and are intended to provide
for developments that incorporate complementary uses and innovative
design features that promote aesthetic quality and superior functionality
of higher-density development.
A development in which the principal activities include indoor
and outdoor recreation and entertainment that relate to tourism activities
or events. This district designation is intended to regulate activities
such as recreational parks, sports complexes, entertainment uses and
supporting facilities, including horse racing, concerts, fairs, and
motor sports, including automobile, motorcycle and snowmobile activities.
[Amended 12-6-2010 by L.L. No. 1-2011]
Developments that are predominantly residential and have
creative site design and a mix of uses by incorporating flexibility
into special ordinances that are exclusive to the PUD, especially
with regard to use, setbacks and minimum lot sizes. PUDs may include
provisions to encourage clustering of buildings, designation of common
open space, and incorporation of a variety of building types and land
uses.
The Zoning Board of Appeals of the Town of Vernon.
A drawing or drawings clearly marked "preliminary plat" showing the layout of a proposed subdivision, as specified in § 139-75 of these regulations, submitted to the Zoning Board of Appeals for approval prior to submission of the plat in final form and of sufficient detail to apprise the Zoning Board of Appeals of the layout of the proposed subdivision.
A facility under the direct supervision and control of a
charitable, religious, fraternal, social service, public or similar
community organization, including not-for-profit corporations, providing,
and generally limited to, club membership, a place of congregation
or meeting for purposes of education, training, counseling, active
or passive recreation or similar pursuits, including social facilities.
This land use may include incidental facilities for serving food and
beverages. This term shall not include schools or retail business
activities.
A device for transforming wind into electrical, thermal, or mechanical energy solely for use on the lot where the device is located. Such use is a special permit use in all districts and requires no variance but does require compliance with the criteria set forth in Article XXVIII, Wind Power Uses.
[Added 8-10-2009 by L.L. No. 1-2009]
The legal boundary surrounding any area of land that is properly
recorded on a deed, survey or tax map with the Town and/or County
Clerk. For purposes of this code, any street, highway, or railroad
ROW line shall also be considered a property line. Power and utility
transmission ROW lines shall not be property lines unless explicitly
noted in appropriate legal documents.
A land use characterized by the retail rental of storage
space or units for holding personal or business items with direct
customer access to the storage space. Examples include mini-warehouses,
public storage, or self-storage facilities; the use excludes temporary
or portable units, such as tractor-trailers or storage trailers (with
or without wheels).
See "yard, rear" (applicable to other derivations, e.g.,
“rear yard depth”).
See "park/playground (public or private)" or "outdoor recreation
- participant."
A principal land use engaged in the commercial bulk collection
of recyclable materials from off-site or unrelated sources, and may
include the associated storage, processing, distribution and/or resale
of these materials. Materials collected may include appliances, motor
vehicles, construction waste, by-products of manufacturing processes,
organic materials and materials received from recycling collection
sites (see separate definition). Recyclable materials exclude any
material considered under the Town Code to be garbage.
A principal, secondary or accessory land use engaged in the
collection of recyclable materials directly from consumers and includes
the temporary storage for transfer to a recycling bulk processor or
an approved waste disposal site. For purposes of enforcement, these
sites, when permanently established, shall be considered retail uses.
Such uses may include collection bins or equipment for bottles and
cans, batteries (excluding motor vehicle batteries), paper products,
plastics, packaging or similar types of items commonly used in households
or offices. These uses specifically exclude the collection of any
organic by-products or waste, typical household or office trash, medical
waste, furniture, appliances or any motor vehicles. Examples include
redemption centers, bottle and can collection areas or equipment at
retail stores, temporary (nonprofit fund-raising) collection sites,
or retail stores accepting trade-in products, such as computers or
similar electronic equipment.
An activity that collects, transforms, compacts, breaks down
or otherwise converts waste, by-products of manufacturing processes,
or finished products into smaller or component parts. These parts
may then be disposed of in an approved waste disposal site or made
available for reuse in any other process, such as manufacturing, construction,
or agriculture. Examples include glass crushing, reprocessing of road
asphalt, composting, paper reprocessing, metal separation, organic-waste
treatments, separation or refinement of chemicals or paints, motor
vehicle oil (used) retreatment.
Equipment, structure or area of land used as a secondary
or accessory land use in a recycling process. This facility shall
be integral or directly related to the production process of any principal
agricultural, commercial or industrial land use. Examples include
organic composting bins or areas, animal waste (manure) holding areas
and spreading equipment, or treatment plants for manufacturing by-products
or waste. A recycling facility for typical household residential uses
(e.g., garden composting bins) is excluded from this definition.
A public or private golf course consisting of nine or more
holes with grass tees, fairways and greens.
A building used by people to regularly gather, attend and/or
participate in religious services, ceremonies, instruction, meetings
or similar activities and includes buildings commonly referred to
as "churches," "synagogues," "meeting houses" or "temples"; the use
may also include attached or detached dwelling units for a caretaker
and/or primary religious official and his/her family.
A facility to process and convert raw animal products, by-products
or general food waste into nonfood products that may be commercially
usable for agricultural, industrial or consumer purposes, such as
oil, soap, or fertilizer.
Any parcel of land of whatever size, any point on the boundary
line of which is less than one-half mile from a point on the boundary
line of another lot in the same tract, unless any lot may not legally
be used for residential purposes.
A building or portion of a building occupied for the retail
sale of food and/or beverages that are prepared and served in a ready-to-consume
state for either on- or off-premises consumption. This definition
includes uses commonly referred to as "luncheonettes," "snack bars,"
"family restaurants," "ice cream or pizza parlors," "take-out restaurants,"
"taverns," "inns" and "cafes." Excluded are nightclubs/dance halls,
temporary facilities associated with carnivals, field days, charitable
fund-raising or similar events and the incidental retail sale of prepared
food accessory to another principal use, such as a gasoline service
station or employee cafeterias and snack areas.
See "subdivision."
An activity primarily characterized by the on-premises sale
and display of goods and services to the consumer; the use may contain
areas for related accessory uses. Examples include uses commonly referred
to as "department stores," "hardware stores," "grocery stores," "boutiques,"
"craft shops," "appliance repair shops," "video rental stores" and
"personal service uses" (defined separately in this code). Excluded
are the following principal uses: restaurants; gasoline service stations;
motor vehicle sales, service or rental; and outdoor retail sales,
display or service.
Frontage on an access road constructed at the rear of lots
fronting on a major roadway.
The legal boundary of the edges of a public or private road,
street, highway, railroad, waterway or similar transportation corridor.
Such boundaries are typically controlled and set by government agencies
and/or state law. Current ROW lines may supersede an older property
survey or deed description. The ROW line is the same as the street
line forming the front or side property line of abutting lots.
A public or private institution providing a curriculum of
elementary and secondary academic instruction and includes a kindergarten,
elementary, middle and high school. It excludes vocational, trade,
or boarding schools, colleges or the offering of group instruction
within a residence.
See "use, secondary."
See "public self-storage facility."
A small, traditional station capable of servicing fewer than
five vehicles simultaneously or fueling no more than four vehicles
at any one point in time, including ancillary sales of retail goods
occupying no more than 200 square feet of floor area.
The minimum or maximum (as set forth in each zone district)
distance formed by a line connecting two points measured towards the
interior of a lot from the front, side and rear property lines forming
the boundaries of the lot's buildable area and required yard areas.
For irregular or curved property lines, the distance shall be a line
parallel to the property line. (See also "yard, required.")
Land planned, improved and managed to accommodate a grouping
of two or more commercial uses in one or more buildings designed to
share parking, access, signage and other site services; uses commonly
included within a shopping center are retail stores, restaurants,
drive-in services, gasoline service stations, indoor recreation and
offices. Two or more separately owned commercial units shall not be
deemed a shopping center solely by virtue of the fact that they share
a common access to adjoining highways and/or parking facilities.
The physical boundary of a water body and may fluctuate with
natural changes in water elevation. Unless established by a federal
or state agency, the shoreline shall be the annual mean high-water
mark, as determined by a professional civil engineer or a licensed
surveyor. (See also "shoreline lot"; "lot width"; "shoreline"; and
"shoreline structure.")
Installation of any man-made materials or modifications to
existing natural conditions to facilitate access, swimming, boating,
or fishing to an adjacent body of water. It includes but is not limited
to such activities as excavation of boat slips or launches; installation
of piers, docks, decks, or walls.
Any property that has at least one property line or portion
of a property line within or adjacent to a water body. For enforcement
purposes, the front of a lot shall be along a property line adjacent
to an existing or proposed public or private right-of-way. The portion
of a lot adjacent to a water body shall be subject to the width, setback
or other provisions of the Riverfront Overlay Zone.
The width of property adjacent to a water body shall be measured
as the most direct straight or curved line parallel to the approximate
center line of the adjacent water body, as determined by the Commissioner.
The natural variations of a shoreline shall not be used to determine
the shoreline width of a property.
A type of accessory structure, as defined in this code, specifically
designed or modified to facilitate direct access to an adjacent water
body, such as a storage building or boathouse that affords protection
and/or storage to boating craft while remaining in the water.
Any structure, natural object or part thereof, device, or
inscription, which is represented on any land or the outside of any
building used to attract attention to any object, product, place,
activity, person, institution, organization or business, or which
shall display or include any letter, words, numerals, emblems, symbols,
models, banners, flags, pennants, insignia, trademarks, devices or
representations used as, or which is in the nature of, an announcement,
direction, advertisement, attention-arrester, warning or designation
of any person, firm, group, organization, place, commodity, product,
service, business, profession, enterprise, industry or public performance.
A sign, including those which are composed of light rays
only, calculated to attract public attention to a product, service
or undertaking encompassing activities off the property where such
signs are situated, including what are commonly termed "billboards,"
"posters," "symbols," and similar devices of whatever composition,
size, location or color.
A sign or any portion thereof having movement by mechanical
or natural means, including, by way of illustration and not limitation,
rotating signs, wind signs and signs where movement is simulated by
illumination devices. This term shall include the use of blinding,
flashing and general intermittent light, as opposed to light of a
constant intensity. All time and/or temperature devices as defined
herein shall not be considered animated, whether or not they contain
or are incorporated into a sign.
The entire area within a single continuous perimeter enclosing
the extreme limits or writing, representation, emblem, or any figure
of similar character, as included within the definition of a sign,
together with any frame or other material or color forming an integral
part of the display or used to differentiate such sign from the background
against which it is placed, excluding the necessary supports or uprights
on which such sign is situated.
A sign identifying and directing attention to a business
offering a commodity, service, industry or other activity which is
sold, offered or conducted. Such sign is to be located, pursuant to
this code, directly on or at the business location, within the property
boundaries or within the leased area for multiple occupants. Examples
include freestanding, marquee, projecting, roof and wall signs, as
defined by this code.
A sign located in commercial and industrial zones; means
a sign containing only the identification of persons or firms directly
associated with the development or improvement of real property, such
as architects, engineers, developers, construction companies, suppliers
and sponsors, but expressly excluding products, services and other
forms of advertising.
Change of copy on a sign, the customary use of which involves
frequent and periodic changes of copy such as those customarily associated
with theater marquees and bulletin boards.
The surface made available by the structure, either for the
direct mounting of letters and decoration or for the mounting of facing
material intended to carry the entire advertising message.
The surface of the sign upon, against, or through which the
message of the sign is exhibited.
A sign which is supported by one or more uprights or braces
in or upon the ground.
The vertical distance from the uppermost point of a sign
(measured from a ten-foot radius of the sign structure or structural
trim) to the average ground height beneath the sign and within the
structure thereof.
A sign which contains information intended exclusively as
a public service and of a noncommercial nature indicating such facilities
as rest rooms, public telephones, bus stops and rest areas. In addition,
this category shall include garage sale signs and home occupation
signs.
The letters, illustrations, symbols, figures, insignia, and
other devices employed to express and illustrate the message of the
sign.
Routine maintenance, including minor repairs, such as repainting,
bulb replacement and repair of electrical or mechanical parts.
A sign attached to or hung from a marquee. "Marquee" means
a canopy or similar structure projecting from a building.
A sign established pursuant to governmental authority or
used for the identification of public buildings, facilities and activities,
and shall include traffic regulation devices authorized by the Vehicle
and Traffic Law of the State of New York and any other sign authorized
and required under local, state or federal law.
A sign promoting an open house.
A sign in the nature of a flag or pennant containing the
insignia or emblem of a political subdivision, nonprofit civic-oriented
organization or fraternal order, and displayed on special occasions
as an incident to the activities of such organizations, and shall
expressly exclude private identification signs.
A sign situated within private property providing information
for traffic movement and storage, such as directional signs, parking
areas, freight and loading areas, prohibited parking areas, points
of ingress and egress, speed limits and related items, but expressly
excluding off-street parking lot or garage identification signs.
A sign which is affixed to any building wall or structure
and extends beyond the building wall or parts thereof more than 15
inches horizontally, and no portion of which projects above the roofline
or parapet of a building.
A sign containing information designed for the protection
and safety of the general public, such as warnings of danger areas,
trespassing notices, work areas, utility warnings, street elevators,
sentry dogs, security systems, safety warning devices and similar
notices.
A sign, any portion of which is either situated above the
upper edge of any building wall or parapet (except as otherwise provided
in the definition of "wall sign" below) or erected or painted on or
above the roof covering any portion of a building, including signs
supported on the roof or on an independent structural frame located
on the side or roof of a penthouse, roof tank, roof shed, elevator
housing or other roof structure.
A sign containing the identification and nature of the development
or improvement of residential real property along with the listing
of architects, developers and sales organizations.
An inscription commemorating an event of unique historical,
social, cultural or geographical significance.
The molding, battens, cappings, nailing strips, latticing,
and platforms which are attached to the sign structure.
The supports, uprights, bracing and framework of the sign
A sign installed and maintained pursuant to this code that
is designed to inform the general public of an event, festivity or
related enterprise of an exclusively temporary nature, sponsored by
a nonprofit organization or governmental unit.
Any instrumentality visible to the general public which provides
information as to time and/or meteorological conditions.
A sign which is affixed and parallel to an exterior wall
of a building, projecting not more than 15 inches therefrom, and extending
not more than three feet above the roofline or parapet of the building;
where a sign extends above three feet, it shall be considered a roof
sign.
A sign situated on the interior of a window, not forming
an integral part of a window display.
A sign situated on the interior of a window and forming an
integral part of a window display.
See "graphic plan"; see also "site plan review."
An examination of a proposed land development by the Town
Zoning Board of Appeals pursuant to the guidelines and standards of
this code.
A sketch of a proposed subdivision showing the information specified in § 139-74 of these regulations to enable the subdivider to save time and expense in reaching general agreement with the Zoning Board of Appeals as to the form of the layout and objectives of these regulations.
A facility where animals are temporarily held, butchered
and prepared for either retail or wholesale market consumption.
A small commercial enterprise that employs no more than five
individuals, requires no more than 10 parking spaces or generates
no more than an average of 30 vehicle trips per day.
The use of Town comprehensive planning to guide, design,
develop, revitalize and build communities for all that have a unique
sense of community and place; preserve and enhance valuable natural
and cultural resources; equitably distribute the costs and benefits
of development; expand the range of transportation, employment and
housing choices in a fiscally responsible manner; and value long-range,
regional considerations of sustainability.
See "public self-storage facility."
An incidental and temporary structure to hold or shelter
materials; examples include storage trailers, box trailers, inflatable
units, tents.
A public or private right-of-way affording the public vehicular
and/or pedestrian access to abutting property. (See "right-of-way.")
Includes streets, roads, avenues, lanes or other trafficways between
right-of-way lines.
A single line formed by the intersection or overlap of the
street or road right-of-way boundary and the abutting property line.
The wearing of exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the street.
Anything constructed, erected or otherwise situated on the
land, whether of a permanent or temporary nature.
A building, structure or mechanical equipment or decorative
device attached to or detached from a principal structure, located
on the same lot or property and is subordinate and incidental to the
use of the principal structure. The term includes improvements such
as mailboxes, garages, storage sheds, waste disposal equipment, antennas,
swimming pools, parking/loading areas and signs.
A building, structure or mechanical equipment designed, built,
occupied, or used by the principal land use activity allowed on the
lot.
See "shoreline structure."
Any person, firm, corporation, partnership or association
who or which shall lay out any subdivision or part thereof as defined
herein, either for himself or others.
The division of a single parcel of land into five or more
blocks, lots, or plots, with or without streets or highways, for sale,
lease, any similar conveyance or future development; any tract of
land which is divided into five or more parcels along an existing
or proposed street, highway, easement or right-of-way for sale or
rent as residential lots or residential building plots or as business,
commercial or industrial lots or building plots, regardless of whether
the lots or plots to be sold or offered for sale, or leased for any
period of time, are described by metes and bounds or by reference
to a map or survey of the property, or by any other method of description,
and regardless of whether the lots or plots are contiguous. A tract
of land shall constitute a subdivision upon the sale, rental or offer
for sale or lease of the fifth residential lot or residential building
plot or of a business, commercial or industrial lot or building plot
within any consecutive five-year period and upon such sale, rental
or offer for sale or lease. The provisions of §1116 of the Public
Health Law shall apply to all such parcels thereof, including the
first four parcels, regardless of whether said parcels have been sold,
rented or offered for lease or sale singly or collectively. The intent
of this definition of "subdivision" is to exclude from Zoning Board
of Appeals review simple subdivisions of vacant land into four or
fewer lots within any five-year period so long as the four or fewer
lots are situated on a public roadway and accordingly do not require
the construction of any roadway to give access to the subdivided roads
or the construction of water, sewer or drainage facilities.
[Amended 10-12-2009 by L.L. No. 2-2009]
The relocation of an existing lot line(s) between two or
more legally existing lots without creating new streets, curb cuts,
infrastructure needs or lots; or the elimination of a lot line consolidating
two existing legal or legal nonconforming lots without creating new
streets, curb cuts, or infrastructure needs (see to “subdivision,
major” and "subdivision, minor").[1]
A drawing in final form showing a proposed subdivision, containing
all information or detail required by law and by these regulations,
to be presented to the Zoning Board of Appeals for approval and which,
if approved, may be duly filed or recorded by the applicant in the
office of the County Clerk.
A person licensed as a land surveyor by the State of New
York.
An accessory structure that is a receptacle for water, having
a depth at any point greater than two feet, used or intended to be
used for swimming or bathing, and constructed, installed or maintained
in or on the ground.
The transmission and reception of audio, video, data and
other information by wire, radio and other electronic or electromagnetic
systems.
Telecommunications towers and associated antennas and accessory
structures.
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
that employ camouflage technology. It is a structure intended for
transmitting and/or receiving radio, television, telephone or microwave
communications, but excluding those used either for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizen's bands, amateur radio and
other similar communications.
A form of indoor recreation-spectator use comprised of two
main permanent building components: a display or performance space
(stage, movie screen, podium, etc.) and customer sitting areas for
viewing and listening to presentations/performances. It may include
incidental areas for the sale of prepared food and drinks (snack-beverage
bar, vending machines), but not designated eating or dining areas.
Any tower, pole, windmill or other structure, whether attached
to a building, guyed or freestanding, designed to be used for and/or
for the support of any device for the transmission and/or reception
of radio frequency signals, including, but not limited to, broadcast,
shortwave, citizen's band, FM or AM television, microwave and any
wind-driven devices, whether used for energy production or not.
A concept calling for a mix of retail businesses offering
goods and services such as clothing, home decor, books, music, gourmet
foods, art, dining, and entertainment for residents and visitors.
Businesses would be located on ground floors with businesses or residential
uses on the upper floors. No specific architectural style is required;
however, a strong emphasis on high-quality building design and materials
is encouraged.
The duly designated Engineer of the Town.
A series of principal structures combined into a larger single
building. Each building is a series of single-family dwelling units,
having a common wall between each unit with each unit having separate
utility services and being located on a separate filed lot.
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.
See "recycling bulk process facility."
Land and buildings used as a relay station for the transfer
of cargo from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term storage. The terminal
facility may include pickup and drop-off areas, parking areas for
trucks, and structures or areas for the servicing of trucks associated
with the terminal.
An activity located on the same lot or property which is
incidental to a principal use that is subordinate and supportive in
purpose to the principal use. Some examples include uses such as management
offices for business, institutional or industrial establishments;
incidental machine or equipment repair for retail businesses.
The major use or activity occurring on a lot and defining
the overall purpose of the land and structures.
A minor land use within a larger principal land use or structure
that does not directly relate or support the principal land use. Secondary
uses are permitted when specified in a district, subject to the designated
review.
Land occupied by a building, structure or equipment used
for private business or by a private or public utility service regulated
by the NYS Public Service Commission or a federal agency in the transmission
or collection of energy, water, or sanitary waste and may include
communication towers, transmission poles and towers, cellular phone
towers or antennas, pump stations, and equipment monitoring buildings.
It excludes transmission facilities for public broadcasting use; offices
for public benefit; vehicles, equipment and material storage; warehousing
and similar functions.
A business providing for the care, medical treatment and
incidental boarding of dogs, cats, similar domestic animals, and/or
farm animals.
A building primarily designed or used for the storage of
materials, such as consumer products, business or administrative records,
industrial or agricultural supplies, tools or equipment, and/or personal
items. This definition excludes public self-storage facilities, wholesale
uses, and truck terminals, separately defined in this section.
A commercial activity characterized by the bulk storage,
distribution and/or sale of merchandise to other retail, manufacturing,
construction contracting, institutional or wholesale establishments.
This use may include provision for related administrative offices,
product showrooms, truck storage and parking areas. It excludes facilities
for the storage and distribution of petroleum, natural gas or hazardous
chemicals.
Lands under the control and management of the Department
of Environmental Conservation's Division of Fish, Wildlife and Marine
Resources. These lands are primarily intended for the preservation
of wildlife habitat, the unrestrained propagation of wildlife, the
enjoyment of wildlife, and the pursuit of traditional hunting and
fishing within a natural and unrestrained environment.
Wind generating facilities that generate power on site to
be transferred to a transmission system for distribution to customers
other than the owner of the wind generating facility itself. This
definition of "wind power generating facilities" shall not include
individual wind power generating facilities erected and used primarily
for private use.
[Added 8-10-2009 by L.L. No. 1-2009]
The land area of a lot or property unoccupied by principal
structures or principal land use activities. Yards are typically occupied,
used or improved with landscaping, signs, parking, pavements and similar
minor and incidental structures or activities. Yards or portions of
yards may be both regulated and unregulated by this code according
to the zone district and/or the supplemental regulations. (See also
definitions for "yard, required" and each type of yard.)
The required open space extending across the entire width
of the lot between the front property line and the required front
setback distance measured from the center line of the highway right-of-way.
Permissible intrusions into the front yard may include steps and ramps
that are minimally necessary for access, and do not protrude above
the finished grade within the highway ROW more than six inches in
height with the exception of street elements necessary for safety,
approved signs and landscaping.
An open, unoccupied space, except for walks, patios, paved
areas, accessory structures and the parking of motor vehicles, on
the same lot with the building between the rear building line and
the rear lot line and extending the full width of the lot.
The areas of land within a property and measured inwardly
from the property lines specifically regulated by this code as to
the type and nature of permitted structures, improvements or activities.
The requirements may vary by zone districts, land use or other criteria.
The required yards are for multiple purposes, such as perimeter landscape
strips, vehicular separation, aesthetics, fire protection, snow storage
and drainage. (See also definitions for "setback" and each type of
yard.)
An open, unoccupied space on the same lot with the building,
situated between the side building line and side lot line, and extending
between the required front yard and rear yard. It may be occupied
by walks, patios, pavement, fencing and eaves, cornices, and similar
portions of the principal structure.
Legal areas established by this code to organize and regulate
private land development activity within the Town. A zone district
will typically encompass many properties that may be occupied or used
by a variety of land uses. The land uses regulated by a district are
based upon the specific text included in this code.
The person or persons appointed by the Town of Vernon as
the administrative official responsible for enforcing the Zoning Law
as well as other state and local code requirements.
[1]
Editor's Note: The definitions of "subdivision, major" and
"subdivision, minor," which immediately followed this definition,
were repealed 10-12-2009 by L.L. No. 2-2009.
