For the purpose of this chapter, the terms used
herein are defined as follows:
ABANDON
To cease, for more than two years, the use and maintenance
of land, buildings or structures which have been nonconforming uses;
or to change from one nonconforming use to another; or to change from
a nonconforming use to a conforming use.
ACCESSORY BUILDING OR USE
A building or use which is clearly incidental and subordinate
to and serves the principal use or building and is located on the
same lot with such principal use or building.
AGRICULTURE
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, aquaculture, horticulture, floriculture,
viticulture and animal and poultry husbandry, including the sale of
products grown or raised directly on such land and including the construction,
alteration or maintenance of fences, agricultural roads, agricultural
drainage systems and farm ponds and including the necessary accessory
structures for parking, treating, storage or production, including
any barn, stable or other building or structure directly and customarily
associated with agricultural use.
AIRPORT
Any area of land or water which is used or intended for use
for the landing and taking off of aircraft, and any appurtenant areas
which are used or intended for use for airport buildings or other
airport facilities or rights-of-way, including all necessary taxiways,
aircraft storage and tie-down areas, hangars and other necessary buildings
and open spaces.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
ANTENNA
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio, television, cellular, paging, personal communications services
and microwave communications.
[Added 4-7-1998 by L.L. No. 4-1998]
APARTMENT HOUSE
A building arranged, intended and designed to be occupied
by three or more families living independently of each other. See
"dwelling, multiple-family."
AREA, BUILDING
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.
AREA, FLOOR
The sum of the gross horizontal areas of the several floors
of the building measured from the exterior faces of the exterior walls
or from the center line of the walls separating two buildings. All
roofed areas except unheated porches, terraces, cellars, basements
and enclosed off-street parking areas shall be included in the calculation
of floor area.
AREA, LOT
The total area within the lot lines, excluding external streets.
AUTOMOBILE WRECKING YARD
The use of any area or portion of any lot or plot, whether
inside or outside a building, for the temporary storage of automobiles
awaiting dismantling or the dismantled parts of automobiles or for
the dismantling, cutting, demolition and burning of automobiles.
AUTOMOTIVE REPAIR
The repair, rebuilding or reconditioning of motor vehicles
or parts thereof, including collision service, body and fender work,
welding, painting and steam cleaning of vehicles.
AUTOMOTIVE REPAIR SHOP
Any area of land, including any structure or structures thereon,
that is or are used or designated to be used for automotive repair.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A "basement"
shall be considered as a story for the purpose of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet or is used for business
or dwelling purposes.
BED-AND-BREAKFAST ESTABLISHMENT
A private dwelling in which at least one and not more than
five rooms are offered for rent for transient overnight occupancy
for guests, in which overnight lodging and breakfast are offered to
such occupant and in which no public restaurant is maintained.
[Amended 3-22-2011 by L.L. No. 2-2011]
BUFFER ZONE
An undeveloped land area separating certain zones or uses
from one another. Parking or storage of vehicles or objects associated
with the use of the property, including patron's vehicles, is not
permitted. Buffer zones shall be landscaped or inhabited with natural
foliage.
BUILDING
Any structure intended for the housing, shelter or enclosure
of persons, animals or property.
BUILDING COVERAGE, PERCENT OF
The percent of building coverage of any lot shall be equal
to 100 times the ratio of the total ground floor area of all principal
and accessory surfaces divided by the total lot area on which such
buildings or structures are located.
BUILDING HEIGHT
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.
BUILDING LINES
The "building front line" shall mean the line of that face
of the building nearest the front line of the lot. This face includes
sun parlors and covered porches, whether enclosed or unclosed, but
does not include steps. Side and rear "building lines" shall be determined
in a comparative manner. All yard setback requirements are measured
to the "building line."
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CAMPGROUND, CAMPSITE OR RECREATIONAL VEHICLE PARK
A property providing four or more sites for the parking of
occupied travel or pop-up trailers, motor homes, truck campers, the
erection of tents and all buildings and facilities pertaining thereto.
CAR WASH
A building, or portion thereof, containing facilities for
washing automobiles, using production line methods or other mechanical
devices or providing space, water equipment or soap for the complete
or partial handwashing of automobiles, whether by operator or by customer.
CELLAR
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A "cellar"
shall not be considered in determining the permissible number of stories.
CLUB or LODGE
A building or portion thereof or premises owned and/or operated
by a corporation, association, person or persons for a social, educational
or recreational activity, but not primarily for profit, or to render
a service which is customarily carried on as a business.
CLUSTER DEVELOPMENT
A planned development in which lots are plotted with less
than the minimum lot size and dimension requirements, but which have
access to common open space which is a part of the overall development
plan approved by the Planning Board as per § 281 of the
Town Law.
COMMERCIAL USE
Any use involving the sale or rental or distribution of goods,
services or commodities, either retail or wholesale.
COMMON FACILITIES
Complementary structures and/or improvements located on a
common area space appropriate for the benefit and enjoyment of the
space by the public or members of the controlling association or condominium.
COMMON OPEN SPACE
An area of land within a site designated for residential
development and designed, intended and reserved for the use of the
residents of the development. "Common open space" may include such
complementary structures and facilities as are appropriate for the
recreational needs of the residents of the development.
CONDOMINIUM
A multifamily project of one-family dwelling units which
may consist of one, a part or more than one building, including one
building per dwelling unit, wherein the real property title and ownership
are vested in an owner who has an undivided interest with others in
the common usage areas and facilities which serve the development.
A "condominium" which effects a division of land into sites [i.e.,
involves more than one building] shall be reviewed as a subdivision.
COVERAGE
That percentage of the plot or lot area covered by the combined
area of all buildings or structures on the lot.
DAY-CARE FACILITY
A place, person, association, corporation, institution or
agency which provides day care for children placed there by parents,
guardians or others responsible for their care. The name, description
or form of the entity that operates a "day-care facility" shall not
affect its status as a "day-care facility." "Day-care facilities"
include, but are not limited to, the following:
A.
DAY-CARE CENTERGroup care for three or more children away from their own homes for more than three hours and less than 24 hours per day per child, provided with or without compensation. "Day-care centers" must have a permit (license) issued by the New York State Department of Social Services.
B.
FAMILY DAY-CARE HOMEGroup care provided for three but not more than six children away from their own home for less than 24 hours per day in a family home operated for such purposes, with or without compensation, for more than five hours per week. A permit issued by the New York State Department of Social Services or a certificate issued by an authorized child-caring agency is required.
C.
GROUP FAMILY DAY-CARE HOMECare provided for not more than 14 children away from their homes for more than three hours but less than 24 hours per day in a "group family day-care home" which is operated for compensation or otherwise. A permit issued by the New York State Department of Social Services is required.
DENSITY
The number of principal dwelling units per area of land.
DISTRICT
A portion of the territory of the town within which certain
uniform regulations and requirements, or various combinations thereof,
apply under the provisions of this chapter.
DOG KENNEL COMMERCIAL
Any premises on which dogs or cats are maintained, boarded,
bred or cared for in return for remuneration, or are kept for the
purpose of sale.
DOMICILE
The permanent legal residence of an individual where he or
she physically resides and intends to continue to physically reside.
[Added 3-22-2011 by L.L. No. 2-2011]
DRIVE-IN SERVICE ESTABLISHMENT
A commercial establishment where business is transacted between
the establishment and the person in a parked automotive vehicle.
DUMP
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
DUPLEX
See "dwelling, two-family."
DWELLING
A building designed or used as living quarters for one or
more families. The terms "dwelling," "one-family dwelling," "multiple-family
dwelling," "two-family dwelling" or "dwelling unit" shall not be deemed
to include a hotel, inn, tourist cabin or motel. A dwelling is commonly
referred to as an abode, which is a residence where a person resides
permanently and is the permanent domicile of that person.
[Amended 3-22-2011 by L.L. No. 2-2011]
DWELLING, MULTIPLE-FAMILY
A building or portion thereof containing three or more dwelling
units and designed for occupancy by three or more families living
independently of each other.
DWELLING, ONE-FAMILY
A detached building containing one dwelling unit, designed
for occupancy by one family.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units, designed
for occupancy by two families.
DWELLING UNIT
A room or group of rooms providing complete housekeeping
facilities for one family and occupied by a single family unit.
FACADE
The face or front of a building facing the major principal
street.
FAMILY
One or more persons who live together as a single housekeeping
unit and maintain a common household, as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel.
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 gratuitous guests.
FARM
Any parcel of land containing at least five acres which is
used for gain in the raising of agricultural or aquacultural products,
livestock, poultry and dairy products. It includes necessary farm
structures within the prescribed limits and the storage of equipment
used. It includes the raising of fur-bearing animals, riding academies,
livery or boarding stables and dog kennels.
FCC
Federal Communications Commission.
[Added 4-7-1998 by L.L. No. 4-1998]
FENCE
A structure or partition erected for the purpose of enclosing
a piece of land or to divide a piece of land into distinct portions
or to separate two contiguous lots, but shall not include a building
or growing plants or trees.
FLOOD
A temporary rise in stream flow or stage that results in
significant adverse effects in the immediate vicinity.
FLOODWAY CHANNEL
A passage for storm- and/or surface waters along a natural
watercourse and/or along an artificial channel constructed under due
process of law for passage of storm- and/or surface waters.
FUELING STATION
Any area of land, including structures thereon, that is used
or designated to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing or otherwise
cleaning of such motor vehicles.
FUNERAL HOME
A structure used by a licensed mortician for burial preparation,
funeral and related services.
GARAGE, PARKING
A garage, either public or private, used for the storage
and parking of motor vehicles, not exceeding three stories in height.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein or that no space therein for more than one car is leased
to a nonresident of the premises.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain and which is used for the storage, repair,
rental, greasing, washing, servicing, dispensing of fuel, adjustment
or equipping of automobiles or other motor vehicles.
GROSS FLOOR AREA
For computing off-street parking requirements, the sum of
the gross horizontal area(s) of the floor(s) of the building(s) measured
from the exterior faces of the walls. All roofed areas, except porches,
terraces, cellars, basements, enclosed off-street parking areas and
pedestrian walkways in an enclosed mall, shall be included in the
calculation of floor areas.
HOME OCCUPATIONS[Amended 6-13-1989 by L.L. No.
2-1989]
An accessory use of a service character customarily conducted
within a dwelling by the residents thereof which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use other than a sign or nameplate attached to the building, which
sign or nameplate shall not exceed three square feet in size.
A.
A "home occupation" includes but is not limited
to: artists studio, dressmaking, professional offices of a physician,
dentist, lawyer, engineer, architect or accountant within a dwelling
occupied by the same, teaching with musical instruction limited to
a single pupil at one time, barbershops and beauty parlors, real estate
offices and similar businesses. A "home occupation" shall be allowed
one employee.
B.
In addition, "home occupation" shall be interpreted
to include the sale of stock-in-trade or commodities directly related
to the permitted home occupation by the resident thereof for sale
to the general public.
HOMEOWNERS' ASSOCIATION
A contract agreed to by owners of homes in an area that provides
regulations for the operation and maintenance of commonly owned facilities
and/or open space.
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments.
HOTEL, INN, TOURIST CABIN, AUTO COURT or MOTEL
An establishment which provides overnight sleeping accommodations
for transient overnight occupancy for guests and is commonly known
as a "hotel," "inn," "tourist cabin" or "motel" in the community in
which it is located and which provides customary hotel services such
as maid service, the furnishing and laundering of linen, telephone
and secretarial or desk service and the use and upkeep of furniture.
A "hotel" or a "motel" may include dining and laundromat services
located in the premises. A hotel, inn, tourist cabin or motel does
not constitute a dwelling nor can it serve as a dwelling, except as
may be occupied by the owner thereof and his/her immediate family
members.
[Amended 3-22-2011 by L.L. No. 2-2011]
HUNTING/FISHING CAMP AND CABIN
A principal building with a minimum of 500 square feet of
gross floor area used seasonally, which does not have winterized plumbing
and heating facilities.
JUNKYARD
A lot, land or structure or part thereof used for the collecting,
storage and sale of wastepaper, rags, scrap metal or discarded material
and for the collecting, dismantling, storage and salvaging of machinery
or vehicles not in running condition, and for the sale of parts thereof.
LARGE DEVELOPMENT
Any residential development greater than 10 equivalent dwelling
units, or a commercial development with an expected water use of 1,000
gallons per day or more.
[Added 6-14-2022 by L.L.
No. 3-2022]
LAUNDROMAT
A business premises equipped with individual clothes washing
machines for the use of retail customers, exclusive of any laundry
facilities provided as an accessory use in a multiple-family apartment
development or hotel, inn, tourist cabin, auto court or motel.
LOT
A portion or parcel of land considered as a unit, devoted
to a certain use or occupied by a building or a group of buildings
that are united by a common interest or use, and the customary accessories
and open spaces belonging to the same.
LOT, CORNER
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting a curved street
shall be considered a "corner lot" if the tangents to the curve at
the points of intersection of the side lot lines intersect at an interior
angle of less than 135°. A "corner lot" shall be deemed to front
on each highway it abuts and be subject to the requirements of a front
yard on each such highway, with the yards opposite thereto on "corner
lots" subject to side yard requirements only.
LOT, DEPTH OF
A mean horizontal distance between the front and rear lot
lines measured in the general direction of its side lot lines.
LOT LINES
Any line dividing one lot from another.
LOT OF RECORD
Any lot which has been established as such by plat, survey,
record or deed prior to the effective date of this chapter, as shown
in the records of the office of the Town Assessor.
LOT, THROUGH
An interior lot having frontage on two parallel or approximately
parallel streets.
LOT WIDTH
The distance between the side lot lines at the required minimum
front yard depth (building setback line) measured along a line parallel
to a line connecting the end points of the front lot line and running
parallel to the adjacent street right-of-way, except that a two-lot
division of land fronting on a public street or road, not involving
any new streets or roads and not adversely affecting the development
of the remainder of the parcel or adjoining property, may establish
the building setback line at a greater distance from the adjacent
street right-of-way.
[Amended 6-14-1994 by L.L. No. 3-1994]
MANUFACTURING, HEAVY
Any industrial process whereby the nature, size or shape
of articles or raw materials is changed into a product which generally
could be stockpiled in outdoor storage areas and would require shipping
by rail or heavy truck.
MANUFACTURING, LIGHT
Any industrial process whereby the nature, size or shape
of articles is changed into a product which generally shall be a finished
product which ordinarily would not be stockpiled in an outdoor storage
area.
MAXIMUM BUILDING COVERAGE
The maximum percentage of the lot area that may be covered
by the combined area of all buildings or structures on the lot.
MAXIMUM BUILDING HEIGHT
The maximum height to which a building or structure may be
constructed. It shall not apply to belfries, church spires, cupolas,
penthouses and domes which are not used for human occupancy; nor to
chimneys, ventilators, skylights, water tanks and necessary mechanical
appurtenances usually carried above the roof level; nor to barns'
silos, monuments, transmission towers and similar structures. Such
features, however, shall be erected only to such height as is necessary
to accomplish the purpose for which they are intended.
MINIMUM YARD DIMENSIONS
Apply to buildings and roofed porches, except for rear yards,
where accessory buildings may be placed no closer than 10 feet from
the rear lot line.
MINING
The excavation of sand, gravel, clay, topsoil, rock, stone
or other natural material deposits.
MOBILE HOME
A dwelling unit manufactured in one or more sections on an
integral metal frame, designed for long-term occupancy, containing
sleeping accommodations, a flush toilet, a tub or shower bath and
kitchen facilities, with plumbing and electrical connections provided
for attachment to outside systems and designed to be transported after
fabrication on wheels or on flatbed or other trailers arriving at
the site where it is to be occupied as a dwelling.
MULTIPLE-FAMILY DWELLINGS
Any apartment, townhouse, condominium or similar building,
including the conversion of an existing single-family dwelling, designed
for occupancy in separate dwelling units therein by more than two
families.
MUNICIPAL BUILDING
A building or structure used for public governmental purposes
such as town offices and courtrooms.
NONCONFORMING LOT
Any lot lawfully on record on the effective date of this
chapter which does not meet the minimum lot area and/or or lot width
or depth requirements of this chapter for the zoning district in which
such lot is situated.
NONCONFORMING STRUCTURE
Any structure which is lawfully in existence within a given
zoning district on the effective date of this chapter but which is
not in conformance with the dimensional regulations for that zoning
district.
NONCONFORMING USE
Any use which is lawfully in existence within a given zoning
district on the effective date of this chapter.
NURSING OR CONVALESCENT HOME
A building other than a hospital where persons, as patients,
are lodged and furnished with meals and nursing care for hire.
OFFICE BUILDING
A building comprised of more than 50% of the gross floor
area used for office space, as compared with "home occupation," where
offices are considered as a secondary or incidental use.
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 recreation facilities.
OWNER
The titleholder of record of real property or, if deceased,
his/her estate.
PARKING SPACE
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 and driveways thereto.
PERMEABLE
Ground surface through which water can percolate in a natural
manner. Said ground surface could be undisturbed natural terrain or
a landscaped area with generally unpaved surfaces. Foliage increases
the permeability of the ground surface.
PERMITTED USE
Any use requiring no special permit or variance by the Board
of Appeals or site plan review by the Planning Board before a building
permit is granted by the Zoning Administrator, subject to all other
applicable provisions of this chapter.
PERSON
Any individual, corporation, partnership, association, trustee,
the state and all political subdivisions of the state or any agency
or instrumentality thereof.
PLOT
A map, plan or layout of the town or a section or subdivision
thereof, indicating the location and boundaries of individual properties
and streets.
PRINCIPAL BUILDING
A single-family dwelling; a mobile home; a tourist cabin
or similar structure for rent or hire involving an excess of 300 square
feet of floor space; each unit of a duplex or multiple-family dwelling;
a commercial or industrial use structure in excess of 300 square feet,
except for a commercial use structure which involves the retail sale
or distribution of goods, services or commodities, of which each 11,000
square feet of floor space, or portion thereof, of such commercial
use structures constitute a principal building; or a structure containing
a commercial use which is also used as a single-family dwelling. In
addition, each motel unit, hotel unit or similar tourist accommodation
unit which is attached to a similar unit by a party wall, each accommodation
unit of a tourist home or similar structure and each tourist cabin
or similar structure for rent or hire involving less than 300 square
feet of floor space will constitute 1/10 of a principal building.
In addition, all agricultural use structures and single-family dwellings
or mobile homes occupied by a farmer of land in agricultural use,
his employees engaged in such use and members of their respective
immediate families will together constitute and count as a single
principal building.
PROFESSIONAL OFFICE
One used by a duly licensed architect, attorney, dentist,
engineer, insurance broker, optometrist, physician or surgeon, real
estate broker or surveyor or similarly licensed profession.
PUBLIC OR SEMIPUBLIC BUILDING
Any component building of a college, school, hospital, animal
hospital, library, place of worship, museum, research center, rehabilitation
center or similar facility or a municipal building.
PUBLIC PARKS AND PLAYGROUNDS
A lot or parcel owned or operated by the town, the county,
the state or the federal government or a nonprofit agency, used for
open space or recreational purposes.
PUBLIC RIGHT-OF-WAY
A parcel of land in public ownership open to the public for
vehicular or pedestrian access.
PUBLIC UTILITY STRUCTURE, MAJOR (except telecommunications towers)
Any electric power transmission or distribution line with associated equipment of a rating of more than 15 kilovolts which is one mile or more in length; any telephone interchange or trunk cable or feeder cable which is one mile or more in length; any telephone distribution facility containing 25 or more pairs of wire and designed to provide initial telephone service for new structures; any pipe or conduit or other appurtenance used for the transmission of gas, oil or other fuel which is one mile or more in length; any electric substation generating facility or maintenance building; and any water or sewage pipes or conduits, including any water storage tanks designed to service 50 or more principal buildings. Any use which is subject to the jurisdiction of the Public Service Commission pursuant to Article
V,
VII or
VIII of the Public Service Law or other utility receiving prior approval by the Public Service Commission having jurisdiction over such uses under such Articles or other provisions.
[Amended 10-14-1997 by L.L. No. 9-1997]
PUBLIC UTILITY USE[Amended 10-14-1997 by L.L. No.
9-1997]
The following public utilities which are subject to the jurisdiction of the Public Service Commission pursuant to Article
I, § 5, of the Public Service Law, as follows:
A.
Gas (natural or manufactured or mixture of both)
and electricity for heat or power.
D.
Water and sewer systems for domestic, commercial
or public uses.
E.
Cellular radio or telephone communication.
QUARRY; SANDPIT; GRAVEL PIT; TOPSOIL STRIPPING
A lot or land or part thereof used for the purpose of extracting
stone, sand, gravel, clay, rock or topsoil for sale, as an industrial
or commercial operation and exclusive of the process of grading a
lot preparatory to the construction of a building.
RECREATION USE
A use of land or building for athletics, picnic grounds and
similar uses, but for the purposes of this chapter shall not include
the use of pinball machines, video games or other such uses involving
any mechanical device for private gain, except, however, food, soda,
candy and cigarette dispensing devices.
ROADSIDE STAND
A structure for the display and sale of agricultural products.
SCHOOL
An educational institution housing a curriculum, a physical
plant consisting of adequate facilities and a qualified staff to carry
out its objectives.
SETBACK
The shortest horizontal separation distance from the property
line, or, in the case of shoreline property, from the mean high-water
mark, to the closest building line of the structure.
SHOPPING CENTER
An attached building in a row or group with each building
separated from adjoining buildings by a common wall or walls. Included
is an enclosed mall characterized by business entrances facing a pedestrian
walkway with a common roof covering the business area and the walkway.
SHORELINE
The high-water mark at which land adjoins the waters of lakes,
ponds, rivers and streams within the town.
SIGN
Refer to the Sign Ordinance of the Town of Moreau, §
117-3.
SINGLE-FAMILY DWELLING
Any detached building containing one dwelling unit, not including
a mobile home, designed for occupancy by one family.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
STREET
A public or private way which affords the principal means
of access to abutting properties. The term "street" includes the terms
"avenue," "place," "way," "drive," "lane," "boulevard," "highway,"
"road" and any other thoroughfare.
STRUCTURE
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on or in the ground, other than public utility poles, wires and related
equipment.
TELECOMMUNICATION
The transmission and reception of audio, video, digital data
and other information or signals by wire, radio, light or other electronic
or electromagnetic system.
[Added 4-7-1998 by L.L. No. 4-1998]
TELECOMMUNICATIONS TOWER
Any structure greater than 30 feet above grade, including
one or more antenna or other appurtenance attached thereto that is
intended for transmitting and/or receiving radio, television, telephone
or microwave communications, but excluding those used exclusively
either for fire, police, ambulance or other emergency dispatch communications
or exclusively for private radio or television reception and private
citizen's band, not for hire, amateur radio and other similar communications.
[Added 10-14-1997 by L.L. No. 9-1997]
THEATER, OUTDOOR
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions on a paid admissions basis to patrons seated in automobiles
or on outdoor seats.
TOWNHOUSE
An attached house in a row or group, with each house separated
from adjoining houses by a common wall or walls; may also be called
a "row house."
TRANSIENT
Used to describe the meaning of transient overnight occupancy
for guests: temporary occupancy; transitory; staying for only a short
period of time; not permanently settled.
[Added 3-22-2011 by L.L. No. 2-2011]
TRAVEL TRAILER
A vehicle designed for overnight lodging or camping purposes,
designed for being towed by a motor vehicle.
UNFINISHED BUILDING
A building shall be deemed "unfinished" if it does not have
a permanent roof, completely enclosed outside walls with the finished
materials installed, all glazing in place and, if the building is
to be used for human occupancy, a permanent heating system with chimney,
if required, ready for operation, permanent electric service and water
and sewage system installed.
USE
The specific purpose for which land or a building is designed,
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.
USE, SPECIAL
A use, either public or private, which, because of its unique
characteristics, cannot be properly classified as a permitted use
in any particular district. After due consideration in each case of
the impact of such use upon neighboring land and of the public need
for the particular use at the particular location, such "special use"
may or may not be granted.
WETLANDS MAP
A final freshwater wetland map promulgated by the Commissioner
of the New York State Department of Environmental Conservation pursuant
to § 24-0301, Subdivision 5, of the Freshwater Wetlands
Act (Article 24 and Title 23 of Article 71 of the Environmental Conservation
Law), or such a map that has been amended or adjusted pursuant to
Section 664.7 of Part 6 of the New York Codes, Rules and Regulations,
on which are indicated the approximate location of the actual boundaries
of wetlands.
WETLANDS
Any lands and waters which meet the definition provided in
§ 24-0107, Subdivision 1, of the Freshwater Wetlands Act,
(Article 24 and Title 23 of Article 71 of the Environmental Conservation
Law) and have an area of at least 12.4 acres, or, if smaller, have
unusual local importance as determined by the Commissioner of the
New York State Department of Environmental Conservation pursuant to
§ 24-0301, Subdivision 1, of the Act.
YARD, FRONT
The space within and extending the full width of the lot
from the front lot line and to the part of the principal building
which is nearest to such front lot line.
YARD, REAR
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such rear lot line.
YARD, SIDE
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line.
ZONING ENFORCEMENT OFFICER
The Building Inspector and/or Code Enforcement Officer of
the Town of Moreau, or a duly appointed representative thereof.