Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future, and the plural includes the singular.
The word "lot" includes the word "plot;" the word "building" includes
the word "structure;" and the word "shall" is intended to be mandatory.
"Occupies" or "used" shall be considered as though followed by words
"or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
Any detached structure or building which is subordinate to
and whose use is incidental to the use of the principal structure
or building on the same lot or on an adjoining lot under the same
ownership. All accessory structures and buildings must conform to
setback and yard requirements of the district in which they are located.
Any structure under veterinary supervision for the treatment
of sick or injured animals.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or customary processing of farm products,
and provided that such building is located on, operated in conjunction
with and is necessary to the operation of the farm.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors, covered porches whether
enclosed or unenclosed (but does not include steps) and any overhang.
In the case of a cantilevered building, the building line shall coincide
with the most protected surface.
Anything constructed, erected or installed either on or in
the ground or which is attached to something on or in the ground which
encloses or covers space, including, but not necessarily limited to,
silos, livestock slurry storage tanks, platforms, towers, tents, sheds
and storage bins, garden houses and gazebos and excluding only boundary
walls and fences.
A building or structure in which is conducted the principal
use of the lot on which it is located.
See "commercial or business."
Any land including any building thereon used for any assembly
of persons for what is commonly known as "day camp" purposes, whether
or not conducted for profit and whether or not occupied by adults
or by children, either as individuals, families or groups.
A parcel of land used or intended to be used, let or rented
for occupancy by persons utilizing trailers, tents, campers or other
such forms of recreational dwellings.
Land on which is located one cabin, camping trailer, shelter
or other accommodation suitable for seasonal or temporary living purposes,
exclusive of mobile dwellings, primarily for the use of the owner.
A certificate issued by the proper officer of the Town certifying
that the building, structure, system or land alteration and proposed
use thereof complies with the provisions of this chapter as of the
date of issuance.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes which are not conducted primarily for gain, provided that
they are not operating any vending machines or merchandising or commercial
activities except required generally for the membership and purposes
of such club.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, but maintaining the density limitation imposed
by said minimum lot area through the provision of an open space as
part of the subdivision plan.
The Town of Eaton Code Enforcement Officer, or such other
person as may be designated or appointed by the Eaton Town Board to
administer and/or enforce the provisions of this chapter.
Of or pertaining to a purchase, sale or transaction involving
the disposition of any article, substance, commodity or service; the
maintenance or conduct of offices, professions or recreational or
amusement enterprises conducted for profit; and also the renting of
rooms, business offices and sales display rooms and premises.
That percentage of the plot or lot area covered by the building
area.
Animals that by custom have been adapted or tamed to live
in intimate association with people and which normally live in the
same dwelling unit as their owner. Domestic pets include, but are
not necessarily limited to, dogs, cats, guinea pigs, hamsters, gerbils,
rabbits and certain fish, turtles and birds. For the purposes of this
chapter, horses and other equine animals, as well as all breeds of
swine, animals customarily existing in a wild environment, any other
animal customarily relied upon by people as a food source, and all
animals kept for a commercial use or purpose are not considered to
be a domestic pets.
A lot of 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.
A building or portion thereof containing three or more dwelling
units and used for occupancy by three or more families living independently
of each other.
A detached building containing one dwelling unit only and
intended for the use of a single-family.
A building such as a cabin, shelter or other accommodation
suitable only for seasonal living quarters, exclusive of a mobile
dwelling.
A detached building containing two dwelling units.
A building or a portion of a building designed or used as
the permanent living quarters for one or more families. The term "dwelling"
shall not be deemed to include automobile courts, rooming houses,
tourist homes, motels, hotels or temporary camps.
One or more persons who live together in one dwelling unit
and maintain a common household. A family may consist of a single
person or of two or more persons, whether or not related by blood,
marriage or adoption, and may also include domestic servants and occasional
guests.
Any parcel containing five or more acres of land which is
normally used for gain in the raising of agricultural products, including
crops, livestock, poultry, dairy products, orchards, horticultural
nurseries and tree plantations, maple sugar and stabled animals. It
includes necessary farm buildings and structures within the prescribed
limits and the storage of equipment used.
An accessory building used in conjunction with a principal
building which provides for the storage of motor vehicles and in which
no occupation, business or services for profit are carried on.
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
servicing or equipping of automobiles or other motor vehicles.
Any use customarily carried on in a dwelling unit or in an
accessory structure by a member of the family living in the dwelling
unit and not more than four other nonfamily employees, which use is
secondary to the residential purpose of the dwelling and produces
no offensive noises, vibration, smoke, dust, odors, heat or glare
or outside storage of equipment and/or materials used in the home
business.
Unless otherwise specified, the term "hospital" shall be
deemed to include, without limitation, sanitariums, sanatoriums, preventoriums,
clinics, rest homes, convalescent homes, nursing homes and any other
place for the diagnosis, treatment or other care of ailments, and
shall be deemed to be limited to places for the diagnosis, treatment
or other care of human ailments.
A building or buildings in which overnight accommodations
are provided for transient guests for compensation.
Includes storage, manufacture, preparation, process or repair
of any article, substance or commodity and the conduct of the industrial
trade, but shall not mean such preparation, processing or repair as
are customarily applied to articles, substances or commodities in
retail businesses or trade for on-the-premises transactions.
A building occupied by a nonprofit establishment for public
use.
Land used for the collecting, storage and sale of waste paper,
rags, scrap metal or discarded material or for the collecting, dismantling,
storage and salvaging of two or more motor vehicles, either unlicensed
or not in operating condition. Motor vehicles registered on a seasonal
basis are exempt from this definition.
Any premises on which four or more dogs over four months
of age are kept for commercial care.
Any non-built-upon area of grass, agricultural fields, pasture,
woodlot, forest, standing or flowing water maintained in healthy condition.
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings or uses customarily incidental
to it, including such open spaces as are required by this chapter.
No area shall be counted as accessory to more than one main building
or use, and no area necessary for compliance with the open space requirements
for one main building or use shall be included or counted in the calculation
of the open space accessory to any other main building or use.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public road right-of-way
shall not be included in calculating lot area.
The mean distance between the front and rear lot lines, measured
in the general direction of the side lines of the lot.
The property lines bounding the lot.
An interior lot having frontage on two parallel or approximately
parallel roads.
The mean width of a lot measured at right angles to its depth.
A structure, which is transportable in one or more sections,
built on a permanent chassis and designed to be used as a single-family
dwelling, with or without a permanent foundation, when connected to
the required utilities, and including the plumbing, heating, air-conditioning
and electrical systems contained therein. A prefabricated dwelling
not built on a permanent chassis or sectional dwelling not built on
a permanent chassis and all travel trailers, truck campers and motor
dwellings shall not be considered mobile dwellings. Mobile dwellings
used for nondwelling purposes are included in this definition.
A parcel of land under single ownership or management which
has been planned and improved for the placement of at least two mobile
dwellings, except that farmers who maintain no more than two mobile
dwellings for hired help or family members whose employment is principally
related to the farm are not classified as a "mobile dwelling park."
Any building which contains a use permitted in the district
in which it is located, but which does not conform to the district
regulations for front, side or rear yards; maximum height; lot coverage;
minimum habitable area per dwelling unit; off-street parking or loading;
or landscaping, screening or fencing requirements.
A lot of record existing at the date of the passage of this
chapter which does not conform to the minimum lot area, width, depth
or frontage standards of the district in which it is situated.
Any use of any building, structure or land existing at the
time of enactment of this chapter which does not conform to the use
regulations of the district in which it is situated.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet exclusive
of passageways or driveways, and having direct access to a road, highway
or alley.
A map, plan or layout of a city, town, section or subdivision
indicating the location and boundaries of individual properties.
A water or sewage system which is owned and operated by a
government authority or by a utility company or a sewer district adequately
controlled by a government authority.
Any establishment, however designated, at which food is regularly
sold for consumption on the premises to patrons seated within an enclosed
building or elsewhere on the premises. However, a snack bar or refreshment
stand at a public, semipublic or community pool, playground, playfield
or park operated by the agency or group of an approved vendor operating
the recreational facilities and for the convenience of the patrons
of the facility shall not be deemed to be a restaurant.
The line determining the road or highway public limit of
ownership. Also, an easement established for passage across land.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public;
each display surface shall be considered to be a sign.
Any sign related to a business or profession conducted or
to a commodity or service sold or offered upon the premises where
such sign is located.
Maps and detailed descriptive text required for any proposed development so designated by the Planning Board (see § 120-33).
That area along a waterway designated and mapped by the Federal
Emergency Management Agency under the Flood Disaster Protection Act
of 1973, as subject to flooding that could damage buildings, structures
and accessory installations in that area.
A permit allowing one of a number of specifically listed
land uses, issued following a Planning Board review of the suitability
of such a use, at a particular location, with regard to various explicit
standards and subject to compliance with an approved site plan and
such further conditions as the Planning Board may set.
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A building in which any horses are kept for remuneration,
hire or sale.
The outer boundary lines of a right-of-way used for vehicular
traffic, whether public or private.
Areas with permanent or seasonal standing water or those
so designated by the United States Army Corps of Engineers or New
York State Department of Environmental Conservation.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use of a building.
The specific purpose for which land or a building is designated,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Community facilities for water supply and distribution, sewage
collection and disposal, storm drainage, owned and operated by a private
owner, semipublic agency or a public agency, for three or more dwellings
or establishments.
Distribution points, transmission lines and stations, substations,
storage yards, garages and other central buildings and/or related
uses for the operation and provision of public and semipublic power,
fuel, water and communications service licensed by the Public Service
Commission.
A legally permitted modification of this chapter to allow
for different dimensions in the area coverage of a specific parcel
of land.
A legally permitted modification of this chapter to allow
a different use of a specific parcel of land or of a specific structure.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the edge
of the highway right-of-way and the front line of the building projected
to the side lines of the lot. The depth of the front yard shall be
measured between the nearest point of the front line of the building
and the road right-of-way. Covered porches, whether enclosed or unenclosed,
shall be considered as part of the main building and shall not project
into a required front yard. The front yard must be free of any man-made
building or structure. The only exception is some types of permitted
roadside stands.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot, or the road right-of-way if there
is a roadway, and the nearest point of the rear line of the main building.
Accessory buildings may be built on the rear yard, unless the lot
is a through lot.
An open unoccupied space on the same lot with the principal
building situated between the building and the side line of the lot
and extending from the front yard to the rear yard. Any lot line not
a rear line or a front line shall be deemed a "side line."
