As used in this chapter, the following terms shall have the following
meanings, unless the context otherwise requires:
ACCESSORY USE
Any use of a structure or lot, or portion thereof, that is
customarily incidental and subordinate to and does not change the
character of a principal land use or development, including the use
of a residential structure for professional, commercial or artisan
activities carried on by the resident of such a structure.
ACCESSORY USE STRUCTURE
Any structure or portion of a main structure customarily
incidental and subordinate to a principal land use or development,
including a guest cottage not for rent or hire that is incidental
and subordinate to and associated with a single-family dwelling or
any movable structure in excess of 100 square feet that is located
within a required shoreline setback.
AGRICULTURAL SERVICE USE
Any milk processing plant, feed storage supply facility,
farm machinery and equipment sales or service facility, storage or
processing facility for fruits, vegetables and other agricultural
products or other similar use directly and customarily related to
the supply or service of an agricultural use.
AGRICULTURAL USE
The production, keeping or maintenance, for sale, lease or
personal use, of plants and animals useful to man, including but not
limited to forages and sod crops; grains and seed crops; dairy animals
and dairy products, poultry and poultry products; livestock, including
beef cattle, sheep, swine, horses, ponies, mules or goats, or any
mutations or hybrids thereof, including the breeding and grazing of
any or all of such animals; bees and apiary products; fur animals;
trees and forest products; and fruits of all kinds, including grapes,
nuts, berries and vegetables.
AGRICULTURAL USE STRUCTURE
Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural use.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities; an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another, of a building or
structure.
ANIMAL HUSBANDRY
A branch of agriculture concerned with the production and
care of domestic animals, including veterinarian activities.
APPLICANT
A person who submits an application for site plan review
under this chapter.
BUILDING
Any structure which is permanently affixed to the land, is
covered by a roof supported by columns or by walls, and is intended
for shelter, housing or enclosure for persons, animals or chattels.
BUILDING HEIGHT
The vertical distance measured from the lowest portion of
the natural grade of the building site covered by the building, or
finished grade of cut required to accommodate the building, to the
highest point of the structure.
BUILDING LINE
The point from which all yard requirements are measured and
which is determined by a line formed by the intersection of a horizontal
plan of the lowest grade level and a vertical plan that extends from
the most projected part of the building open to the sky.
BUILDING PERMIT
Written permission issued by proper municipal authority for
the demolition, construction, repair, alteration or addition to a
structure.
CLEARCUTTING
The cutting of more than 50% of any trees over six inches
in diameter, 4.5 feet above ground level over the entire area of the
cutting.
COMMERCIAL USE
Any use involving the sale, rental or distribution of goods,
services or commodities, either retail or wholesale, or the provision
of recreation facilities or activities for a fee. The term shall include,
but not be limited to, the following: drive-in restaurant; fast-food
operation, filling station; public garage, restaurant; retail sore,
retail stand and tavern.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water, designated and intended for the private or public
use or enjoyment of the space, and may include such appurtenant structures
as are necessary to allow the enjoyment of the space.
COMMUNITY FACILITY
A building or structure owned and operated by a governmental
agency or not-for-profit organization to provide a public or semipublic
service, such as a library, museum, governmental building, firehouse
or church.
DWELLING, MULTIFAMILY
An apartment, townhouse, condominium or similar building,
including the conversion of an existing single-family dwelling, designed
to be occupied in separate dwelling units therein by more than one
family; any such building containing two or more separate dwelling
units used on a time-sharing, lease time or other similar basis whereby
more than one person, group of persons or family has legal right of
occupancy at different times.
DWELLING, SINGLE-FAMILY
A detached building (not including a mobile home) of one
or more stories in height, above main grade level, which is designed
or used exclusively as living quarters for one family or household.
DWELLING, TWO-FAMILY
A structure on a single lot containing two dwelling units,
each of which is totally separated from the other by an unpierced
wall extending from ground to roof or an unpierced ceiling and floor
extending from exterior wall to exterior wall, except for a common
stairwell exterior to both dwelling units.
DWELLING UNIT
One or more rooms with provision for living, cooking, sanitary
and sleeping facilities arranged for the use of one family or household
for year-round or seasonal/temporary use.
EXCAVATION
Any extraction from the land of more than 20 cubic yards
of sand, gravel, clay, shale, rock, topsoil or other natural soil
or mineral deposits.
FAMILY
One or more persons related by blood, marriage or adoption,
or no more than four unrelated persons occupying the premises and
living as a single housekeeping unit, as distinguished from a group
occupying a rooming house, lodging houses, club, fraternity or hotel.
FENCE
An artificial structure designed to or which, in fact, divides,
encloses or screens a parcel of land or a portion thereof.
FOOD STORE
A self-service retail operation offering a variety of food
goods for human consumption for sale to the general public.
FORESTRY USE
Any management, including logging, of a forest, woodland
or plantation and related research and educational activities, including
the construction, alteration or maintenance of woodroads, skidways,
landings, fences and forest drainage systems.
FOREST USE STRUCTURE
Any barn, shed, garage or research, educational or administrative
building or cabin directly and customarily associated with forestry
use.
GOVERNMENT OFFICE or AGENCY
Any department, commission, independent agency or instrumentality
of the United States, of New York State, of Steuben County, or of
the Town of Bath.
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling
or in an accessory structure and carried on by the inhabitants thereof
and up to one employee not residing at the dwelling, which use is
clearly incidental and secondary to the use of the dwelling for dwelling
purposes and does not materially change the character thereof.
HOTEL
A building or portion of it which is regularly used and kept
open as such for the lodging of guests. "Hotel" includes an apartment
hotel, boardinghouse or club, whether or not meals are served.
INDUSTRIAL USE
A manufacturing, production or assembly of goods or materials,
including any one-site water disposal area directly associated with
an industrial use. This term includes junkyards, not mineral extractions,
sawmills, chipping mills, pallet mills and similar wood-using facilities.
JUNK AUTOMOBILE
An unregistered motor vehicle, no longer intended or in condition
for legal use on the public highways. For the purpose of this definition,
"motor vehicle" shall mean any vehicle propelled or drawn by power,
other than muscular power, originally intended for use on public highways
or for use in agricultural or construction activity.
JUNKYARD
Any open lot or area for the dismantling, storage or sale
of such items as parts, scrap or salvage of used or wrecked motor
vehicles, machinery, scrap metals, waste papers, rags, used or salvaged
building materials, household appliances or other discarded materials.
LAND CLEARING
The excavation, cutting, removal, alteration, destruction
or clearing of perennial or annual vegetation, including trees or
the disturbance of soil.
LANDSCAPE
All the natural features, such as fields, hills, forests,
water, etc., that distinguish one part of the earth's surface
from another part, usually that portion of land or territory which
the eye can comprehend in a single view, including all of its natural
characteristics.
LANDSCAPE PLAN
A plan of sufficient detail to describe proposed changes
in topography, structures, vegetation and visual characteristics.
LANDSCAPING
The act of changing or enhancing the natural features, a
plot, buffer zone, public open space or other area or portion of a
lot (often as a beautifying feature of a building or land use) so
as to make said area more attractive, to add visual screening and/or
to provide safety features to assist in protecting life and property.
This may be accomplished by adding lawns, trees, shrubs, etc., or
through the sculpturing of the terrain (i.e., earth beams, ponds,
walkways, retaining walls, rock outcrops, etc.) and/or installing
lights, light poles, flagpoles, fences and traffic malls for the direction
of traffic.
LAND USE or DEVELOPMENT or USE
Any construction or other activity which materially changes
the use or appearance of land or a structure or the intensity of the
use of land or a structure, but excluding:
(1)
Landscaping or grading which is not intended to be used in connection
with another land use; and
(2)
Ordinary repairs, maintenance or interior alterations to existing
structures or uses.
LOT
A designated parcel, tract or area of land, established by
plan, subdivision or as otherwise permitted by law, to be used, developed
or built upon as a unit.
LOT COVERAGE
That portion of a lot that is covered by buildings and structures.
LOT DEPTH
The minimum contiguous distance measured from the front line
to the rear lot line.
LOT WIDTH
The minimum contiguous distance between the side lines of
a lot.
MINERAL EXTRACTION
Any excavation, other than of specimens or samples, from
the land of stone, cold, silt, ore, talc, granite, petroleum products
or other materials, except for commercial sand, gravel, clay, shale
or topsoil mining, including the construction, alteration or maintenance
of mine roads, mine tailing piles or dumps, and mine drainage.
MINERAL EXTRACTION STRUCTURE
Any mine hoist; ore reduction, concentrating, sintering or
similar facilities and equipment; administrative buildings, garages
or other main buildings or structures associated with mining extraction.
MOBILE HOME
Any self-contained dwelling unit (not travel trailers) that
is designed to be transported to its site on its own wheels or those
of another vehicle, which may contain the same water supply, kitchen
facilities and plumbing, sewage disposal and electric systems as immobile
housing and is designed to be used exclusively for residential purposes;
the structure must be certified by U.S. Department of Housing and
Urban Development (HUD) and conform to the HUD Code. (A modular home
which conforms to the New York State Building Code is not considered
a mobile home.)
MODULAR HOME
Any building comprised of two or more sections with or without
their own chassis, capable of being transported to their building
site and permanently jointed into one integral unit which is indistinguishable
in appearance from a conventionally built home, including but not
limited to a sloped roof and permanent foundation and conforms with
the New York State Building Code.
MOTEL
A commercial facility providing transient lodging containing
six or more rental units with at least 25% of all rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building and where customary uses, such as, but
not limited to, playgrounds, game rooms, recreation facilities, snack
bars and restaurants, may be provided for use by the lodger and the
general public.
OFFICE BUILDING
A building, more than 50% of the gross floor area of which
is used for office space.
OPEN SPACE
Land not covered by buildings, pavement, open storage, mining
operations or any other use that visually obscures the natural or
improved landscape, except for recreational facilities.
OPEN SPACE RECREATION USE
Any recreation use particularly oriented to and utilizing
the outdoor character of an area, including a snowmobile, bike, jeep,
or all-terrain vehicle trail; cross-country ski trail; hiking and
backpacking trail; bicycle trail and horse trail; playground; picnic
area; public park; public beach; or similar use.
PARCEL OF PROPERTY
Any real property shown on the latest adopted county tax
roll as a unit or as contiguous units under common ownership. Parcels
separated by public highway and owned by the same owner shall be deemed
to be separate parcels of real property.
PARKING AREA, PUBLIC
An open area, other than a road or other public right-of-way,
used for the parking of automobiles and available to the public.
PARKING SPACE
An area of 200 square feet of such shape and vertical clearance
so as to accommodate one automobile having an overall length not greater
than 20 feet.
PARKING SPACE, HANDICAPPED
An oversized parking space designed to accommodate the handicapped,
constituting an area of 240 square feet with a minimum width of 12
feet and having an overall length not greater than 20 feet.
PERSON
Any individual, firm, corporation, partnership or association,
or any combination of the foregoing, or successor interest to any
such parties.
PLANNING BOARD
Pursuant to § 271 of the Town Law, the Town of
Bath has created a Planning Board. Said Board consists of seven members
appointed by the Town Board in such manner and for such term as provided
by Town Law. The Planning Board shall have all the powers and perform
all the duties prescribed by statute and by this chapter. The Planning
Board shall have original jurisdiction for all matters pertaining
to this chapter.
PRIVATE SAND, GRAVEL, SHALE, CLAY or TOPSOIL EXTRACTION
Any extraction from the land of sand, gravel, shale, clay
or topsoil for use, but not sale, by the owner of the land, or any
extraction for the purpose of sale of less than 1,500 cubic yards
in any two-year period.
PUBLIC UTILITY USE
Any public utility use, equipment or structure, but excluding
any such use which is subject to the jurisdiction of the Public Service
Commission pursuant to Article 7 or 8 of the Public Service Law.
RECREATIONAL FACILITIES, PRIVATE
Recreational facilities supplemental to a principal use,
for the use of proprietors and guests, but excluding such use which
is open to the general public for a charge.
RECREATION CENTER or LODGE
Any recreationoriented facility particularly oriented to
and utilizing the outdoor character of an area which does not depend
on amusement devices or rides. Such recreational uses may include
a snowmobile trail, cross-country ski trail, hiking and backpacking
trail, bicycle trail and horse trail, as well as a playground, picnic
area, public park and public beach, for activities such as soccer,
baseball, football, tennis and water-related activities.
SOLID WASTE MANAGEMENT FACILITY
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to storage
areas or facilities; transfer stations, rail-haul or barge-haul facilities;
landfills; disposal facilities; sold waste incinerators; land-spreading
facilities; composting facilities; surface impoundments; and waste
oil storage, reprocessing, and refining facilities and waste tire
storage facilities.
SUBDIVISION OF LAND or SUBDIVISION
Any division of land into two or more lots, parcels or sites,
whether adjoining or not, for the purpose of sale, lease, license
or any form of separate ownership or occupancy (including any grading,
road construction, installation of utilities or other improvements
or any other land use and development preparatory or incidental to
any such division) by any person or by a common scheme or plan. Subdivision
of land shall include any map, plat or other plan of the division
of land, whether or not previously filed. Subdivision of land shall
not include the lease of land for hunting and fishing and other open
space recreation use.
TIMBER HARVESTING
The cutting of trees over six inches in diameter measured
at 4.5 feet above the ground.
WASTE DISPOSAL AREA
Any area for the disposal of garbage, refuse and other waste,
including sanitary landfills and dumps, but excluding an on-site disposal
area directly associated with an industrial use.