For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows:
A.
The word "person" includes a firm, association, partnership, trust,
company or corporation as well as an individual.
B.
Words used in the present tense include the future tense. The singular
includes the plural.
C.
The words "shall" and "must" are mandatory.
D.
The words "used" or "occupied" include the words intended, designed
or arranged to be used or occupied.
E.
The word "lot" includes the words "plot" or "parcel."
As used in this chapter, the following terms shall have the
meanings indicated:
A detached building or structure which:
Is located on the same parcel as the principal building.
Is customarily incidental and subordinate to, and serves a principal
building.
May not provide living space nor shall be used as a dwelling.
Contributes to the comfort, convenience or necessity of occupants
of the principal building use.
This definition shall include detached decks.
This definition does not include devices previously used or
intended for highway use.
Any place to which the public is permitted or invited wherein
coin operated or slug-operated or electronically, electrically or
mechanically controlled still or/motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by the depicting or
describing specified sexual activities or specified anatomical areas.
That which stresses technical knowledge and proficiency,
cunning, ingenuity and subtlety in devising, inventing or executing
acts or displays, which the depicting of specified sexual activities,
states of nudity or exposure of anatomical areas characterizes.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental of any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, DVDs, videocassettes or video reproductions,
slides or other visual representations, or any future technology,
which depict or describe specified sexual activities or specified
anatomical areas.
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
Adult Internet usage. Offering the usage of computer for personal
use to access the Internet either for free or rental, for a preset
amount of time at a preset rate.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity; or seminude;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depicting or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A business engaged in performing agriculture, animal husbandry,
or horticulture business on a fee or contract basis.
A system consisting of supporting tower(s) and wind turbine(s),
with associated plant and equipment, used primarily to generate electrical
power for agricultural purposes, to include all farm uses and residence
of farm owner or tenant of property; regulated and taxable as farm
asset. The farm operation shall be seven acres or larger and generate
annually a minimum of $10,000 of farm income.
The use of land for agricultural production purposes including,
tilling of the soil, dairying, pasture, animal and poultry husbandry,
apiculture, arboriculture, horticulture, floriculture, viticulture,
and accessory uses for packing, storing, processing and retail sales
of agricultural products, provided that the operation of any such
accessory uses shall be secondary to that of the principal agricultural
production activities.
Any facility for the purpose of engaging aircraft to flight.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
to another.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, or electricity or
other forms of energy on-site, and may be attached to or separate
from the principal structure. Current examples include wind energy
conversion systems, solar collectors and solar green houses, heat
pumps or other related devices.[1]
Any indoor place or enclosure which is maintained or operated
for the amusement, patronage, or recreation of the public, with three
or more coin-controlled amusement devices, including the types commonly
known as bagatelle, baseball, football, pinball, and video games.
Is an instrument used for the measuring of wind force, direction
and velocity.
A business that treats animals and regularly houses them
on the premises overnight and for extended periods for treatment.
When construction conditions require changes to contract
drawings, they are so noted and described on final drawings of record.
Store for retail sales of live bait, fishing equipment and
small fishing accessories.
That space of a building that is partly below grade, which
has more than half of its height, measured from floor to ceiling,
below the average established curb level or finished grade of grounds
adjoining the building.
A single-family, owner-occupied dwelling where overnight
lodging, with or without the service of meals, is offered to a maximum
of eight transient guests for compensation. Such use shall be clearly
incidental and secondary to the principal use of the dwelling. This
term includes hostels and tourist home establishments, but does not
include motels, hotels, tourist courts, motor lodge, tourist cabins
or similar terms.
Any structure that is permanently affixed to the land, has
one or more floors and a roof, and is intended for the shelter, housing
or enclosure of persons, animals, property or the operation of a business.
The vertical distance measured, in the case of a building
with a flat roof, from the curb level to the level of the highest
point of the roof beams, and, in the case of a building with a pitched
roof, from the curb level halfway between the top of the plate and
the ridge, but not including chimneys, spires, mechanical penthouses,
towers, tanks, and similar projections.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry, or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with, and necessary to the operating of
the farm as defined herein.
A building in which is conducted the main or principal use
of the lot on which said building is situated. In any residential
district, any dwelling shall be deemed to be a principal building
on the lot on which it is located.
Includes the purchase, sale or any other transaction involving
the handling, servicing or disposition of any article, substance,
commodity, or service, tangible or intangible, and includes offices
and commercial buildings, recreational and amusement enterprises,
and any operation where the above-described activities are conducted
in return for remuneration or consideration of any type. For the purpose
of this chapter, "business" shall have the same meaning as "commercial,"
and reference to commercial districts or zones shall be interpreted
as referring to business districts.
Small commercial establishments catering primarily to nearby
residential areas providing convenience goods and services including
but not limited to grocery stores (of less than 6,000 square feet
in gross floor area), drugstores, beauty salons, barber shops, carry-out
dry cleaning and laundry pickup stations.
A traffic-generating facility where a product is sold or
a service is performed for customers who enter the premises or while
they are in or near their motor vehicles in off-street parking or
service areas. This term shall include drive-in outdoor theaters,
drive-in banking, drive-in photo processing, fast-food establishments,
auto-washing facilities, restaurants, taverns, refreshment stands,
and similar uses. This term shall not include retail fuel outlets.
Any establishment engaged in sale of goods or services not
otherwise identified in this section.
A commercial establishment primarily providing services rather
than selling products.
A parcel of land used or intended to be used, let, or rented
for occupancy by campers or for occupancy by or of trailers, tents
or movable or temporary dwellings, rooms or sleeping quarters of any
kind.
Any vehicles used or arranged for temporary living or sleeping
purposes, mounted on wheels and drawn by a power-driven vehicle, or
such a vehicle having its own wheels removed, or self-propelled unit.
A roofed structure without enclosing walls, used for the
storage of one or more motor vehicles.
A waterfront facility having docks and moorings for small
boats, where engagement of services include a boat, crew, and captain
for a fee, or other remuneration.
Any structure used for worship or religious instruction including
social and administrative rooms accessory thereto.
Any organization catering to members and their guests, or
a building or premises used for recreational, general, social, or
athletic purposes not open to the general public. Clubs shall not
be conducted primarily for gain, and vending stands, merchandising,
or commercial activities shall not be conducted except as required
for membership and purposes of such club. For the purpose of this
chapter, this term shall include religious organizations, lodges,
fraternal organizations, mutual benefit societies, and other like
organizations.
A wind energy conversion system (WECS) consisting of one
wind turbine, one tower, and associated control or conversion electronics
and delivery system, which has a rated capacity greater than 250 kilowatts
and a total height of no more than 450 feet.
A tower constructed for the purpose of initiating or improvement
to cellular communications.
A condominium shall be regulated as a dwelling. It shall
be regulated as a dwelling, two-family, if it contains two dwelling
units. It shall be regulated as a dwelling, multiple-family, if it
contains three or more dwelling units.
Includes the following:
[Amended 9-17-2013 by L.L. No. 1-2013[2]]
CHILD DAY CARECare for a child on a regular basis provided away from the child's residence for less than 24 hours per day by someone other than the parent, stepparent, guardian, or relative within the third degree of consanguinity of the parents or stepparents of said child, and including any definition consistent with the New York State Office of Children and Family Services Regulations Section 413 entitled "Child Day Care," or Social Services Law § 390(1)(a).
FAMILY DAY-CARE HOMEThe day care of not more than six children provided in a family home, and including any definition consistent with the New York State Office of Children and Family Services Regulations Section 417 entitled "Family Day Care" or Social Services Law § 390(1)(e).
GROUP FAMILY DAY-CARE HOMEThe day care of seven or more children away from their homes and including any definition consistent with the New York State Office of Children and Family Services Regulations Section 416 entitled "Family Day Care" or Social Services Law § 390(1)(d).
DAY-CARE CENTER (COMMERCIAL)A commercial day-care center, including adult day care, shall be defined as a freestanding structure, not part of an existing residence or structure, which is not a residential day-care home as defined in this chapter.
Any change made to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling operations, excluding
normal maintenance to farm roads.
The process of moving a ship or boat from the water to dry
land or removing water around a ship to enable work to be performed
on the exterior part of the ship below the waterline. Dry docks are
used for the construction, maintenance, and repair of ships, boats,
and other watercraft.
Any building or portion thereof designed or used exclusively
as a residence or sleeping place for one or more persons. Structures
which do not have permanent or approved sanitation facilities shall
not be considered a residential dwelling. The minimum gross habitable
floor area of any dwelling shall not be less than 768 square feet.[3]
SINGLE-FAMILYA detached residential dwelling designed for and occupied by one family only.
TWO-FAMILYA detached residential building containing two dwelling units, designed for occupancy by not more than two families. This term shall include duplexes.
MULTIPLE-FAMILYA residential building designed for or occupied by three or more families with the number of families in residence not exceeding the number of dwelling units provided.
SEASONAL HOMEA dwelling unit intended for occupancy only during certain seasons of this year, principally for recreational use by the owner, including beach cottages, hunting cabins, vacation cottages, summer cottages and vacation lodges.
One room or rooms connected together for owner occupancy
or rental or lease on a weekly, monthly or longer basis, and physically
separated from any other rooms or dwelling units which may be in the
same structure and containing independent cooking and sleeping facilities,
designed for occupancy by one family.
Interference to satellite towers, microwave transmissions,
cell communication towers and "ghosting" of television reception caused
by electronic reflections of electrical-generating facilities.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association, who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Erection, construction, operation, or maintenance by municipal
agencies or public utilities of telephone dial equipment centers,
electrical or gas substations, water treatment or storage facilities,
pumping stations and similar facilities, but shall not include telecommunication
facilities as defined herein, and shall not include wind energy facilities
(including infrastructure supporting wind energy facilities), landfills,
waste transfer stations or other facilities with the primary purpose
of handling or disposing of household or industrial waste.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A lot or land or part thereof used for the purpose of extracting
stone, sand, or gravel for sale, as an industrial or commercial operation,
but does not include the process of grading a lot preparatory to the
construction of a building which has an approved zoning permit. The
stripping and sale of topsoil shall not be allowed.
The Federal Aviation Administration.
Means an area designed to contain the accidental failure
of a vertical structure should be it toppled by vandalism, structural
or unknown reasons.
A distance of 1 1/2 times (150%) the wind energy system
height as measured as a vertical distance from the preconstruction
or postconstruction grade, whichever is lower, at the tower base to
the highest point (apex) of the rotor blade.
A householder plus one or more persons related by blood, marriage
or adoption and limited to the spouse, parents, grandparents, children,
grandchildren, brothers or sisters of, the householder, or of the
householder's spouse, living together as a single, not-for-profit
housekeeping unit sharing kitchen facilities; or
A group of persons headed by a householder caring for a reasonable
number of children in a family-like living arrangement which to all
outward appearances is the functional equivalent of a family of related
persons; or
A maximum of two persons not sharing a relationship as described
above.
See "agriculture."
Any structure or combination of structures, building or buildings
in which people are housed on a farmer's own land who are employed
in the individual farmer's personal farming operation, on that
farmer's land or land that he has under his control by a valid
and existing lease.
Any structure or building or combination of structures or
buildings situated on a farmer's own land, in which are housed
or intended to house three or more persons not related by blood or
marriage, who are employed by the farmer, and at least 51% of those
housed in the farm labor housing are used in connection with the farmer's
personal farming operation.
[Added 9-17-2013 by L.L. No. 1-2013]
The use of any permanent building for the sale of produce
or other related farm products grown primarily on the related farm.
It may also include for sale food or craft items related to the business.
[Added 9-17-2013 by L.L. No. 1-2013]
The land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including commercial horse boarding operations,
timber processing, compost, mulch or other biomass crops. A farm operation
shall also include the production, management and harvesting of farm
woodland. For purposes of this section, a "farm operation" is defined
in Article 25AA, § 301, Subdivision 11, and § 301,
Subdivision 2, of the New York State Agricultural and Markets Law.
Farm operations may consist of one or more parcels of owned or rented
land, which parcels may be contiguous or noncontiguous to each other.
The seasonal use of a nonpermanent stand for the sale of
produce and similar related agricultural items.
[Added 9-17-2013 by L.L. No. 1-2013]
An enclosure or barrier, made of wooden or metal posts, boards,
rails, plastic, chain-link mesh or similar type materials, used as
a boundary, decorative enclosure, means of protection, or confinement.
A structure designed for the sanitary wash down, gutting,
and filleting of fish, as well as the storage and disposal of wastes
associated with the fish cleaning process.
For the purpose of applying the requirements for off-street
parking and loading, gross floor area in the case of offices, merchandising
or service types of uses, shall mean the total floor area to be used
or intended to be used by tenants, or for service to the public as
customers, patrons, clients or patients, including areas occupied
by fixtures and equipment used for display or sales or merchandise.
It shall not include areas used principally for nonpublic purpose
such as storage, incidental repair, rest rooms, fitting or alteration
rooms or general maintenance of enclosed pedestrian malls or corridors.
The sum of the gross horizontal areas of the floor or floors
of a building which are enclosed and usable for human occupancy or
the conduct of business.
All of the property abutting on one side of a road, street,
or thoroughfare, measured along the road, street or thoroughfare line.
Any garage other than a private garage, operated for gain,
available on a rental basis for the storage of motor vehicles, recreational
vehicles, boat and other tangible personal property. Private garages
shall be regulated as accessory buildings.
Satellite placed, monitored by governments, to accurately
reference electronically, instrument locations on the earth's
surface.
The minimum distance between the lowest point of the rotor
blade rotation and ground at the base of a tower.
Except as stated in § 265-57L, an accessory use conducted within a single family, occupied dwelling or an attached or detached accessory structure (including a barn) for gainful employment involving the manufacture, provision, or sale of goods and services principally on the premises.
An accessory use conducted within a single-family, occupied
home or attached accessory structure for gainful employment involving
performance of services which are primarily provided away from the
premises.
An individual who resides in a dwelling unit and who owns
rents or otherwise has legal possession of such unit.
Center of rotational axis of rotor blades and gearbox (nacelle).
Considered to be the same as CWECS and regulated as such.
Sounds produced by such devices as wind-generating equipment
below the sound level of the audible level of human hearing, about
20 hertz (Hz), which produces tactful sensation of pressure for some
humans and travels farther than higher frequencies.
A lot, land or structure or part thereof used for the collection,
storage, disassembly, packing, sorting, salvaging, buying, selling
or exchange of wastepaper, rags, scrap, or discarded material or machinery,
or parts of any sort. More than two abandoned, unregistered, disabled,
dismantled, or partly dismantled vehicles or pieces of equipment,
allowed to remain unhoused on a premises for a period of more than
30 days shall constitute a junkyard. Also, the unhoused storage, sale,
abandonment of wastepaper, rags, scrap metal, discarded materials,
or the collecting dismantling, storing, salvaging or abandonment of
machinery, appliances or vehicles not in operating condition shall
constitute a junkyard. "Automobile junkyards" as defined in General
Municipal Law § 136 shall be included within this definition.
Any lot or premises on which four or more domestic animals
more than four months of age are housed, groomed, bred, boarded, trained,
or sold.
A unit of measurement of electrical power equal to 1,000
watts.
The waterside boundary of the Town of Kendall that coincides
with the mean high landward line along Lake Ontario as measured at
248.8 feet above sea level on the International Great Lakes Datum.
Residential property located in the Waterfront Residential
(WR) and Waterfront Development (WD) districts that have setbacks,
conditions, or requirements unique to the lakeshore, and shall have
the following classifications:
Lakeshore property. Property that adjoins the Lake Ontario shoreline
and is provided access by a private or Town road that runs parallel
to the shoreline.
Lakeview property. Property whose front adjoins the private
or Town road that is shared and common with lakeshore property.
Combined lakeshore and lakeview property. Lakeview property
that is combined with lakeshore property to increase the size of a
lakeshore lot. A private or Town road generally goes through the middle
of the combined lots and provides access to the property.
This area is defined on the maps that are included in the
Town's Local Waterfront Revitalization Program (LWRP).
Provisions of the Waterfront Revitalization of Coastal Areas
and Inland Waterways Act (Executive Law, Article 42) and implementing
regulations (6 NYCRR 601) concurrent with U.S. Coastal Zone Management
Act of 1972, as amended.
A parcel or area of land, the dimensions and extent of which
are determined by the latest official records or recordings.
A parcel of land at the junction of, and fronting on two
or more intersecting street, roads, or thoroughfares.
An interior lot having frontage on two parallel of approximately
parallel streets, roads, or thoroughfares.
The square footage or acreage contained within the boundaries
of a lot determined by the latest official records or recordings.
Any portion of the lot that includes a public or private road, street
or highway right-of-way shall not be included in calculating lot area.
Due to continued Lake Ontario erosion, the lakeshore property lot
area used to determine accessory structure ground floor footage shall
include only land up to the current embankment at the water's edge.
The mean distance from the center line of the street to the
lots opposite rear line measured in the general direction of side
lines of the lot.
The front of a lot shall be construed to be the portion nearest
the highway. For the purposes of determining yard requirements on
corner lots and through lots, all sides of a lot adjacent to highways
shall be considered frontage, and yards shall be provided as indicated
under "yard" in these definitions.
Any boundary line of a lot.
The width of the lot between side lot lines at the front
building line as prescribed by the front yard regulations.
A lot, building, structure, pier, dock or portion thereof
located with shoreline frontage and access to navigable water and
used for the launching, mooring, rental, sale, fueling and/or repair
of watercraft and may include boat storage, boat launch facilities,
and such sales of bait, tackle and marine supplies as may be accessory
to such marinas. The term "marina" shall include "yacht club," but
shall exclude noncommercial facilities that are accessory to a single
or multiple-family residence.
A unit of measurement of electrical power equal to 1,000,000
watts.
Any commercial equipment and tower used to collect atmospheric
data such as temperature, wind speed and direction. The data is used
to evaluate the feasibility of installing commercial wind energy conversion
systems (CWECS). MET towers are temporary structures and are intended
to be removed at the end of the data collection period.
Directional parabolic-shaped equipment placed on towers used
to transmit high frequency signals beamed from one point to another.
The use of an area of land to remove minerals, metals or
other items of value from the ground for a profit, including gas and
oil wells.
Any site, lot, field, plot, parcel or tract of land on which
two or more mobile/manufactured homes are parked or located, and for
which either the said premises or mobile/manufactured homes are offered
to the public for a fee of any type, including cost sharing. This
includes the rental of the said premises and/or the mobile/manufactured
homes.
A factory-manufactured home, built on a permanent steel-framed
chassis and designed to be transported to a site in one or more sections,
which is intended to be used as permanent living quarters by a single
family unit when connected to the required plumbing, heating and electrical
utilities. For the purposes of this chapter, the removal of transport
wheels and/or the anchoring of the home to a permanent foundation
shall not remove it from this definition. This term shall include
double-wide mobile/manufactured homes.
A factory-manufactured home having no permanent support frame
and designed to be transported to a site in one or more sections for
erection, construction, or installation as a permanent structure.
Modular homes shall be affixed to a permanent site-built foundation
and shall meet the requirements of the New York State Uniform Fire
Prevention and Building Code. For the purposes of this chapter, modular
homes shall be regulated as a dwelling.
A building or group of buildings, whether detached or in
connected units, containing transient and/or permanent lodging facilities
for nine or more guests. Accessory facilities such as such as restaurants,
meeting rooms, retail business activities and other similar services,
which solely accommodate the motel patrons and not the general public,
are allowed. The term motel includes buildings designated as auto
cabins, auto courts, motor lodges, tourist courts, hotels and similar
terms.
Any vehicle designed to be propelled or drawn by power other
than muscle power. This term shall include automobiles, trucks, buses,
motorcycles, tractor-trailers, motor homes, snowmobiles, garden and
lawn tractors. This term shall not include equipment used solely for
agricultural purposes.
A building, or portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles for compensation.
Large enclosure placed at the top of supporting tower, housing
equipment such as the generator, gearbox, drive train, rotor blades
and hub and breaking system.
An exchange of excess electricity between owner of generating
facility and utility company. The utility company may accept over
generation beyond the owner's needs and allows the metering system
to reverse spin, thereby crediting producer under an interconnection
agreement.
A lot, building, or structure legally existing at the time
of enactment of the ordinance or any amendment thereto, and which
does not conform to the area regulations of the district or zone in
which it is situated.
A use of land legally existing at the time of enactment of
this chapter and which does not legally conform to the regulations
of the district or zone in which it is located.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, male genitals,
female genitals or full female breast.
A district that encompasses one or more underlying districts
and that imposes additional requirements above that required by the
underlying district.
Space available for the parking of one motor vehicle and
having an area of not less than 200 square feet (10 feet by 20 feet),
exclusive of passageways and driveways giving access thereto.
An off-street area with an appropriate means of vehicular
access to a street, intended for the temporary storage of vehicles.
A land use allowed under the regulations of this chapter.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
(Payment In Lieu of Taxes) A program implemented as replacement
of revenue lost to towns by State of New York Tax Exemption Law for
renewable energy systems (Real Property Tax Law § 487).
A tract of land and the buildings and structures thereon.
Airports for the exclusive use of the property owner, householder
or the owner's or householder's family members.[4]
The office or place of business where professional services
are offered and does not involve the sale of goods, or the keeping
of a stock-in-trade. Professional offices include but are not limited
to medical doctors, dentists, surgeons, attorneys, architects, engineers,
planners, accountants, real estate brokers, insurance brokers, psychologists
and chiropractors.
A specific activity performed by a qualified person(s) which
requires training and/or specialized study.
This definition is designated to, but not limited to, any
one or more of the following uses, including grounds and accessory
buildings necessary for their uses:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by a governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities.
Golf courses and country clubs; however, not including clubs
whose activities include the maintenance, storage or takeoffs or landings
of aircraft.
Public libraries and museums.
Not-for-profit fire, ambulance and public safety buildings.
Proprietary or not-for-profit hospitals for the care of human
beings, nursing homes, convalescent homes, homes for adults, homes
for the aged as the same are defined under the Public Health Law or
the Social Services Law of New York.
Not-for-profit membership corporation established for cultural,
social, or recreational purposes.
Recreational facilities, either for profit or not for profit,
such as swimming, tennis, platform tennis, bowling, hockey, ice skating,
or other indoor or outdoor sports.
Recreation area is the sum of all open or covered areas used
for recreation purposes.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics, which
has a maximum rated capacity of 30 kilowatts (30 kw) and a total height
not to exceed 65 feet on parcels between two and less than five acres
and 120 feet on parcels of five or more acres.
Any establishment, however designated, at which food or drink
is sold for consumption to patrons seated within an enclosed building
or on the premises. Restaurants shall be regulated as a "business,
drive-in."
Any establishment that sells gasoline, diesel, kerosene,
propane, or similar fuels to the public. This includes service stations,
convenience stores, car washes or any other facility that sells fuels.
Any use housing animal livestock, such as horses, and providing
such livestock to the public for riding on a pay per-use or fixed-fee
basis.
Land set aside for use as a street, alley, or other means
of travel.
Streets which primarily function to give direct access to
abutting property. Local roads are the internal part of the system
to provide movement within residential or to other land use areas.
Streets or highways connecting through roads with each other.
Streets or highways connecting major roads with each other.[5]
A partially enclosed temporary structure generally utilized
for the sale of farm produce. Such stands shall be situated so as
to permit patrons to drive completely off the roadway while purchasing
products. No stand shall operate in excess of six months per year.
Any stand operating in excess of six months per year shall be regulated
as a home business.
A dish-shaped accessory structure capable of receiving, for
the sole benefit of the principal use, radio or television signals
from a satellite in planetary orbit.
A restaurant which operates only seasonally and has a seating
capacity of 25 or less people. Included are coffee shops, lunch counters,
and ice cream parlors.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
The required open, unoccupied space measured from the rear
lot line to the nearest part of the main or accessory structure.
The required open space between the center of the road and
the front of the main structure, but not including entrance steps.
Parcels with Lake Ontario frontage in the Waterfront Development (WD)
and Waterfront Residential (WR) Districts shall have their front setbacks
measured from the Lake Ontario high water mark.
The required open, unoccupied space measured from the side
lot lines to the nearest part of the main or accessory structure.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
Effect of sunrays passing the rotating blades of a wind energy
generating system similar to the effect of strobe lighting.
See "utility building."
Any device, structure, or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the said sign.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings, and any other information deemed
necessary by the Planning Board.
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter.
Space open to the sun and clear of overhangs or shade.
A logarithmic measurement of sound pressure (sound level)
fluctuation produced by a particular source of sound as compared to
a reference (background) sound pressure level. Sound pressure shall
be expressed in decibels, using A-frequency weighting (dBA), which
is the most commonly used standard in the United States for the measurement
of environmental noise. With human hearing, low- and high-frequency
sounds appear to be less loud. A-weighting (A-frequency weighting)
reduces the level of low and high frequencies to produce a reading
that corresponds approximately to what humans hear. The measurement
of sound pressure levels shall be performed in accordance with the
latest revision of International Standards for acoustic noise measurement
techniques for Wind Generators (IEC 61400-11) or other industry accepted
procedures.
Those particular uses which are specifically permitted in
a given district only when conditioning criteria enumerated in this
chapter are met.
The male genitals and/or the vulva or more intimate parts
of the female genitals.
Includes any of the following:
Not connected to power grid or net-metered.
This term shall include horses, cows, goats, sheep, pigs,
rabbits, fowl, and other like animals.
The limit of the street width or highway right-of-way, whichever
is greater.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. For example, structures include buildings, mobile homes, walls,
fences, signs, sheds, billboards and poster panels, docks, and/or
similar construction types.
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exists on date of enactment.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either: before the improvement or repair is started; or
if the structure has been damaged and is being restored, before the
damage occurred.
Any body of water, or receptacle for water, having a capability
of a depth of 18 inches or more at any point, used or capable to be
used for swimming, bathing, or wading, and permanently installed or
constructed either above or below ground.
Any establishment, licensed by the State of New York that
engages in the sale for on-premise consumption of alcoholic and nonalcoholic
beverages. For the purpose of this chapter, this use shall be regulated
as a "business, drive-in."
An activity or use conducted for a specified limited period
of time, not exceeding six months. This term shall include those uses
incidental to construction projects, festival tents/refreshment stands,
temporary real estate sales offices incidental to a subdivision project,
and similar type uses.
The vertical distance from the preconstruction or postconstruction
grade, whichever is lower, at the tower base to the highest point
(apex) of the rotor blade.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine, nacelle, generator and other mechanical
and electrical devices are mounted.
The vertical distance from the preconstruction or postconstruction
grade, whichever is lower, at the tower base to the center of the
horizontal axis of the rotor blade.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities, which constitute a controlling interest
in the business whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal devises
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Conductive lines delivering derived power to the electrical
grid. These conductors of electrical energy can be installed underground
and overhead.
The specific purposes for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
A building, also called a shed or utility shed, made of wood,
metal, masonry or man-made materials, used for the storage of personal
property. Sheds and utility buildings do not require a wood or cement
base or a foundation but must be anchored in such a manner as necessary
to militate against wind damage. A utility building shall not be used
as a garage for the purpose of parking automobiles and trucks.
A variance is any departure from the strict letter of these
regulations granted by the Zoning Board of Appeals as it applies to
a particular piece of property. Variances run with the land and are
not particular to any one landowner.
One or more mechanical devices, such as wind turbines, with
multiple caged blades which are designed and used to convert the kinetic
energy of wind into a usable form of energy. The turbine rotates on
a vertical axis. The VAWT includes all parts of the system except
the tower and transmission equipment.
Land uses, structures, and/or economic activities that would
not exist without a waterfront location.
Land uses that receive added value or importance because
of proximity to a shoreline, often functioning as support services
for water uses and water-dependent uses.
Property that has a shoreline which physically touches public
waterways or large bodies of water. Ponds shall be excluded from this
definition.
The equipment that converts and then stores or transfers
energy from the wind into usable forms of energy and includes any
base, blade, foundation or support, generator, infrastructure, nacelle,
rotor, tower, transformer, turbine, vane, wire, substation, or control
facilities or other components used in the system. The turbine or
windmill may be on a horizontal or vertical axis. A wind energy conversion
system may consist of one or more wind turbines.
Any wind energy conversion system, including commercial systems,
agricultural systems, residential systems or meteorological towers
(MET Towers), including all related infrastructure, electrical lines
and substations, access roads, and accessory structures.
An overlay district which encompasses part or parts of one
or more underlying districts and establishes requirements limited
to commercial wind energy conversion systems.
An open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
The temporary displaying of household items and clothing
for sale on a yard, porch or in a barn or garage. No yard sale shall
continue at the same location in excess of three weeks per year, after
which time the provisions of home occupation shall be met. This term
shall include garage sales, barn sales, porch sales, and sales similar
in nature.
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front line.
An open space extended across the entire width of the lot
between the rear wall of the principal building and the rear line
of the lot, and unoccupied except for accessory building and open
porches.
An open space on the lot with a principal building between
the principal building and the side line of the lot extending through
from the front yard to the rear yard, into which space there shall
be no extension of building parts other than two feet for rain water
leaders, window sills, and other such fixtures and open steps.
A certificate issued by the Zoning Enforcement Officer stating
that a structure of the use thereof is in compliance with this chapter.
The official designated to administer and enforce this chapter.
A document issued by the Zoning Enforcement Officer authorizing
the use of lots, structures, uses of land and structures, and the
characteristics of the uses in conformity with this chapter.
[2]
Editor's Note: This local law also superseded the former
definitions of "day-care center" and "day care home (family)."
