Town of Riverhead, NY Part 1 General Provisions

Article I Title, Purpose, Definitions and Interpretation

§ 301-1 Title.

This chapter shall be known and cited as the "Zoning Ordinance of the Town of Riverhead, Suffolk County, New York."

§ 301-2 Purpose.

The purpose of this chapter is to regulate and restrict the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; the size of yards, courts and other open spaces; the density of population; and the location and use of buildings, structures and land for trade, industry, residence and other purposes; and to establish the boundaries of districts for said purposes so as to promote the health, safety, morals and general welfare of the Town of Riverhead, with reasonable consideration, among other things, of the character of a district and its peculiar suitability for particular uses and of the conservation of property values; and to encourage the most appropriate use of land in the Town of Riverhead in accordance with a Comprehensive Plan.

§ 301-3 Definitions; word usage.

[Amended 12-5-1972; 6-17-1975; 6-15-1976; 12-21-1976; 5-17-1977; 7-3-1979; 1-29-1981; 3-3-1981; 11-17-1981; 12-15-1981; 4-8-1982; 8-17-1982; 10-5-1982; 1-17-1984; 12-1-1987; 1-5-1988; 3-20-1990; 8-7-1990; 5-21-1991; 8-6-1991; 9-15-1992; 3-1-1994; 7-19-1994; 7-18-1995 by L.L. No. 4-1995; 2-18-1997; 10-1-2002 by L.L. No. 31-2002; 5-6-2003 by L.L. No. 5-2003; 6-17-2003 by L.L. No. 6-2003; 6-22-2004 by L.L. No. 14-2004; 4-19-2005 by L.L. No. 8-2005; 5-3-2005 by L.L. No. 13-2005; 7-19-2005 by L.L. No. 28-2005]

A. General construction of language. The following rules of construction apply to the language of this chapter:

(1) The specific shall control the general.

(2) All words used in the present tense include the past and the future tense.

(3) All words in the singular number include the plural number, and vice versa, unless the natural construction of the wording indicates otherwise.

(4) Words used in the masculine gender include the feminine and neuter, and vice versa, unless the natural construction of the wording indicates otherwise.

(5) The word "shall" is mandatory; the word "may" is permissive.

(6) The word "includes" shall not be limited to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(7) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," or "either. . . or," the conjunction shall be interpreted as follows:

(a) "And" indicates that all of the connected items, conditions, provisions or events shall apply.

(b) "Or" indicates that the connected items, conditions, provisions or events shall apply singly, but not necessarily in combination.

(c) "Either. . . or" indicates that the connected items, conditions, provisions or events shall apply, but not in combination.

(8) A "building" or "structure" includes any part thereof.

(9) The words "lot," "plot" and "tract of land" shall each include the other.

(10) The word "premises" shall include land and any improvements thereon.

(11) References made to "officials" and "official bodies" shall mean officials and official bodies of the Town of Riverhead, unless the natural construction of the wording indicates otherwise.

(12) Unless otherwise specified, all distances shall be measured horizontally.

(13) In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.

B. Except as set forth in other articles of this chapter, as used in this chapter, certain terms and words are herewith defined as follows:

[Amended 10-18-2005 by L.L. No. 49-2005; 10-18-2005 by L.L. No. 51-2005; 1-17-2006 by L.L. No. 1-2006; 4-18-2006 by L.L. No. 16-2006; 5-16-2006 by L.L. No. 17-2006; 12-5-2006 by L.L. No. 49-2006; 5-16-2007 by L.L. No. 15-2007; 6-19-2007 by L.L. No. 17-2007; 9-17-2007 by L.L. No. 26-2007; 2-6-2008 by L.L. No. 2-2008; 3-18-2008 by L.L. No. 10-2008; 10-7-2008 by L.L. No. 36-2008; 9-15-2009 by L.L. No. 49-2009; 12-1-2009 by L.L. No. 63-2009; 5-18-2010 by L.L. No. 11-2010; 3-4-2014 by L.L. No. 1-2014; 7-15-2014 by L.L. No. 6-2014; 7-15-2014 by L.L. No. 8-2014; 10-7-2014 by L.L. No. 14-2014; 5-20-2015 by L.L. No. 6-2015; 7-7-2015 by L.L. No. 9-2015[1]]

ACCESSORY BUILDING, STRUCTURE OR USE

A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot as such principal building or use.

ACCESSORY FACILITY

A building or structure that serves the principal use, which is subordinate in area, extent and purpose to the principal use and is located on the same lot as the principal use. Examples of such facilities include transmission equipment and storage sheds.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, other periodicals, films, slides and videotapes and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

ADULT DRIVE-IN THEATER

A drive-in theater that customarily presents motion pictures that is not open to the public generally but excludes any minor by reason of age.

ADULT ENTERTAINMENT CABARET

A public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers or other similar entertainments and which establishments are customarily not open to the public generally but exclude any minor by reason of age.

ADULT MOTEL

A motel which is not open to the public generally but excludes minors by reason of age or which makes available to its patrons in their rooms films, slide shows or videotapes which, if presented in a public movie theater, would not be open to the public generally but would exclude any minor by reason of age.

ADULT THEATER

A theater that customarily presents motion pictures, films or videotapes or slide shows that is not open to the public generally but excludes any minor by reason of age.

AFFORDABLE ASSISTED-LIVING RETIREMENT COMMUNITY or AFFORDABLE CONTINUING-CARE RETIREMENT COMMUNITY

An assisted-living retirement community or continuing-care retirement community in which a minimum of 75% of the residents thereof have an income at or less than 110% of median household income for the County of Suffolk as determined by the United States Census Bureau.

AGRICULTURAL PRODUCTION

The production for commercial purposes of all crops, livestock and livestock products, including but not limited to the following:

(1) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes, and dry beans.

(2) Fruits, including apples, peaches, grapes, cherries and berries.

(3) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.

(4) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.

(5) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, farmed deer, farmed buffalo, fur-bearing animals, milk, eggs and furs.

(6) Christmas trees grown in a managed Christmas tree operation, whether dug for transplanting or cut from the stump.

(7) Commercial horse-boarding operations.

AGRICULTURAL STRUCTURE

A structure, including a fence, designated and constructed to contain or house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, grown (i.e., greenhouses), treated or packaged, nor shall it be a place used by the public.

AGRICULTURAL WORKER HOUSING

Any area of land and all buildings or other structures pertaining thereto, any part of which may be occupied by persons employed as laborers in farm activities in the Town of Riverhead who are provided with sleeping facilities, in whole or in part, by the owner without a stipulated agreement as to the duration of their stay or whether or not they are supplied with meals, but who are supplied with such services or facilities as are necessary for agricultural production on the owner's property.

AIRPORT

Any landing area used regularly by aircraft for receiving or discharging passengers or cargo or for the landing and takeoff of aircraft being used for personal or training purposes.

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, which changes the dimensions of a building.

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.

APARTMENT HOUSE

A dwelling for three or more families living independently of each other.

APARTMENTS, GARDEN

A group of buildings not more than 2 1/2 stories in height, each building containing not more than eight dwelling units. If buildings are attached, they shall not contain in the aggregate more than 16 dwelling units. No portion of any such building below the first story or above the second story shall be used for dwelling purposes.

ARCADE

A building or portion of a building housing amusement devices or machines operated by the insertion of either cash or tokens intended for the amusement of a patron, including, but not limited to, sports-related games, computer games, video games and other similar games. An arcade is not considered to be an indoor recreation facility.

AREA LIGHT

A luminaire equipped with a lamp that produces over 1,800 lumens. Area lights include, but are not limited to, streetlights, parking lot lights and yard lights.

ARTIST

A person who is regularly engaged in the fine arts, such as painting and sculpture, or in the performing or creative arts, including choreography and filmmaking, or in the composition of music on a professional basis, and is so certified by the Town Board.

ARTIST DWELLING

A building or a portion of a building used as an accessory residence to a studio or gallery.

ASSISTED-LIVING RETIREMENT COMMUNITY

A facility which provides for a combination of the following land uses:

(1) ADULT CARE FACILITY A facility that provides residential care and services either as an adult home, an enriched housing program or family-type home for adults authorized and enabled by New York Social Services Law § 461-b for senior individuals 65 years and older who are unable to live independently.

(2) ADULT DAY-CARE FACILITY A nonresidential program of services for seniors that provides opportunities for social interaction, recreational facilities, meals, transportation and personal care and supervision for those seniors with functional limitations and disabilities on a nonresidential basis.

(3) ASSISTED-LIVING RESIDENCE A facility consisting of dwelling units that is certified by the New York State Department of Health to provide residential long-term care, supervision and services which include case management, twenty-four-hour on-site monitoring, meals, housekeeping, laundry services, recreational and social activities, wellness and transportation for those seniors 65 years of age and older who need assistance with daily living activities as authorized and mandated by the New York Public Health Law, Article 46-B.

AVERAGE HORIZONTAL FOOTCANDLE

The average level of illuminance for a given situation measured at ground level with the light meter placed parallel to the ground.

BASEMENT

That space of a building that is partly below grade and which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.

BED-AND-BREAKFAST

A use accessory to and located within a one-family dwelling where rooms are rented to guests for a maximum stay of two weeks and where meals produced on premises shall only be provided to those individuals staying at the bed-and-breakfast. The maximum number of rented rooms permitted in a bed-and-breakfast shall be limited to five.

BEER

A fermented beverage of any name or description manufactured from malt, wholly or in part, or from any substitute therefor.

BISTRO/CAFE

An eating establishment of 50 seats or less, whether indoor or outdoor, without drive-through or drive-in service.

BOARDINGHOUSE

Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished-room house shall be deemed a boardinghouse.

BOATYARD

A facility for servicing all types of watercraft as well as providing supplies, provisions, storage and fueling facilities, and with facilities for the retail sale of boats, motors and marine equipment.

BODY AND FENDER REPAIR SHOP

The business use of premises, the sole purpose of which is the alteration, replacement or painting of the nonmechanical parts of a motor vehicle.

BREEZEWAY

An unenclosed structure, open to the outdoors, covered by a solid and impermeable roof assembly, as defined by the Residential Code of New York State, projecting from the outside wall of a building, not to exceed a width and length of eight feet by 25 feet, connecting a garage or other accessory building with a dwelling. Other types of attachments which extend more than 25 feet, or exceed 200 square feet in area, shall not attach a main building to a separate building unless such attachment meets the requirements of occupiable or habitable floor area.

BREW PUB

An establishment where food and beverages are sold (restaurant) with the ability to make or brew beer and malt beverages from crops grown in New York in an amount not to exceed 5,000 barrels annually. A brew pub may offer beer for consumption on site and offer for sale for off-site consumption limited to 250 barrels of beer annually or offer to licensed retailers or wholesalers limited to 1,000 barrels of beer annually.

BUILDING

A structure having a roof supported by walls, and when separated by a party wall without openings, it shall be deemed a separate building. A "building" shall include tents and lunch wagons, dining cars, camp cars, travel trailers, mobile homes and other structures on wheels or other supports if used for business or living purposes.

BUILDING AREA

The aggregate of the maximum horizontal cross-sectional area of a building on a lot, excluding cornices, eaves, gutters, steps, uncovered porches and covered but unenclosed porches on the first story projecting not more than five feet, and excluding terraces.

BUILDING, FRONT LINE OF

The line of that face of the building nearest the street line of the lot.

BUILDING HEIGHT

The vertical distance from the mean level of the ground surrounding the building to the highest point of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar permitted projections shall not be included in the height.

BUILDING LINE

That line of a building on a lot, excluding cornices, eaves, gutters and chimneys projecting not more than 18 inches, and excluding steps, uncovered porches and covered but unenclosed porches on the first story projecting not more than five feet, and excluding terraces.

BUILDING TRADE SHOP

A building or part thereof which may include office space, storage and preparation space for use by the practitioner of a building trade such as a builder, carpenter, cabinetmaker, electrician, mason, painter, paperhanger, plumber, roofer or sign painter and such other trades primarily concerned with the construction and finishing of buildings.

CATERING FACILITY

A nonresidential structure, whether temporary or permanent, used more than one time per calendar year for the purpose of hosting private parties, private weddings and/or other private events where 25 or more guests or attendees are expected and where food is provided.

CELLAR

That space of a building that is partly or entirely below grade and which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.

CENTRAL PINE BARRENS AREA

The area of the Town defined in § 57-0107, Subdivision 10, of the New York State Environmental Conservation Law, as the same may be amended from time to time.

CEO (CERTIFIED CODE ENFORCEMENT OFFICIAL)

An employee of the Town who has been trained as an enforcement official pursuant to Article 18 of the New York State Executive Law.

CIDER

The partially or fully fermented juice of fresh, whole apples or other pome fruits, containing more than 3.2% but not more than 8.5% alcohol by volume:

(1) To which nothing has been added to increase the alcoholic content produced by natural fermentation; and

(2) With the usual cellar treatments and necessary additions to correct defects due to climate, saccharine levels and seasonal conditions.

CLASS A OFFICE SPACE

Space within buildings constructed with state-of-the-art functionality and architectural design, infrastructure, life safety and mechanical systems. Buildings are characterized as having excellent location and access, attract high-quality tenants and are managed professionally.

CLUB/SPA

An organization catering exclusively to members and their guests, or premises and buildings for recreational or athletic purposes which are not conducted entirely for gain, provided that there are no vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club.

COMMERCIAL HORSE-BOARDING OPERATION

An agricultural enterprise, consisting of at least 10 acres and boarding at least 10 horses, regardless of ownership. Under no circumstances shall this use be construed to include operations whose primary on-site function is horse racing.

COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEM

An arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement.

COMPATIBLE GROWTH AREA

The area of the Town within the Pine Barrens Area, but outside the Core Preservation Area, as defined in § 57-0107, Subdivision 12, of the New York State Environmental Conservation Law, as the same may be amended from time to time.

COMPUTERIZED ELECTRONIC MESSAGE CENTER

A computer-programmed display of temporary messages by means of individual lamps or flippers.

CONDOMINIUM

A dwelling unit in a housing complex of one-, two- or multiple-family dwelling units with an arrangement whereby the occupants or an occupant of each unit has full title to that particular unit and a joint ownership with all other title holders in the housing complex of certain common property.

CONSERVATION EASEMENT

An easement, covenant, restriction, deed or other interest in real property, which restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, agricultural or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in § 49-0301 of the Environmental Conservation Law of the State of New York. Such easement shall include a prohibition of the use of any mechanism for extinguishment of said easement. The language contained in the conservation easement shall be that set forth in the sample deed contained in this chapter,[2] the content of which may be amended from time to time by the Town Board.

CONTINUING-CARE RETIREMENT COMMUNITY

A facility that may consist of the following land uses:

(1) ARTICLE 46-A CONTINUING-CARE RETIREMENT COMMUNITY A facility that consists of independent congregate-living residences, together with some or all of the uses provided in the assisted-living retirement community. The assisted-living retirement community units shall be constructed simultaneously with the construction of the independent congregate-living residences. The adult care facility and the assisted-living residences shall constitute no less than 40% of the total number of the units within the Article 46-A continuing-care retirement community.

(2) GENERIC CONTINUING-CARE RETIREMENT COMMUNITY A facility that consists of independent congregate-living residences, together with some or all of the uses provided in the assisted-living retirement community. The assisted-living retirement community units shall be constructed simultaneously with the construction of the independent congregate-living residences. The adult care facility and the assisted-living residences shall constitute no less than 40% of the total number of the units within the generic continuing-care retirement community.

CONVENTIONAL ASSISTED-LIVING RETIREMENT COMMUNITY OR CONTINUING-CARE RETIREMENT COMMUNITY

An assisted-living retirement community or a continuing-care retirement community which is not considered an affordable community such that income limits are not imposed.

CORE PRESERVATION AREA

The area of the Town within the Central Pine Barrens Area which contains the largest intact areas of undeveloped pine barrens as defined in § 57-0107, Subdivision 11, of the New York State Conservation Law, as the same may be amended from time to time.

CORRELATED COLOR TEMPERATURE (CCT)

A measurement on the Kelvin (K) scale that indicates the warmth or coolness of a lamp's color appearance. The higher the color temperature, the cooler the color appearance. Typically, a CCT rating below 3,200 K is considered warm, while a rating above 4,000 K is considered cool.

COUNTRY CLUB

A land area and buildings containing recreational facilities, clubhouse, and usual accessory uses open only to members and their guests for a fee.

COUNTRY INN

A commercial use of real property consisting of a building not to exceed two stories and which contains no more than 20 rooms arranged or designed to be made available as overnight accommodations for guests for a stay of no longer than a two-week rental. Accessory restaurant or tavern use of a premises shall be houses within the principal building with a total restaurant seating not to exceed six times the number of guest units and total tavern seating not to exceed 1/3 of the restaurant seating. In the event that a parcel is improved with a country inn, the subject property is restricted from improvement with any other permitted or specially permitted uses. Accessory uses within the country inn building are limited to recreational use, conference room, or library not to exceed 10% of the total floor area of rooms provided. The architectural style, height, size, scale and appearance of the building shall be compatible with the hamlet in which the country inn is located as determined by Town Board site plan approval. Traditional materials such as aged brick, wood and stone shall be used. Incompatible materials shall include concrete block, metal or vinyl siding and reflective glass.

CURB CUT

A depression in the curb for the purpose of accommodating a driveway, which provides vehicular access between private property and the street or easement. Where there is no curb, the point at which the driveway meets the roadway pavement shall be considered the curb cut.

CUSTOM WORK, SHOP FOR

A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order and measure, for sale at retail on the premises only, not including the manufacturing of ready-to-wear or standardized products.

DAY-CARE CENTER/NURSERY SCHOOL

A private establishment enrolling seven or more children between zero and five years of age and where tuition, fees or other forms of compensation for the care of the children is charged and which is licensed and approved to operate as a day-care center or nursery school pursuant to the Social Services Law.

DEVELOPMENT

The performance of any building activity or mining operation, the making of any material changes in the use or intensity of use of any structure or land and the creation or termination of rights of access or riparian rights, as defined in § 57-0107, Subdivision 13, of the New York State Environmental Conservation Law, as the same may be amended from time to time.

DEVELOPMENT RIGHT

The legal interest and rights permitted to a lot, parcel or area of land under this chapter respecting permissible use, area, density, bulk or height improvements executed thereon.

DORMITORY

A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery, or other similar institutional use.

DRIVE-IN RESTAURANT

A building with accessory uses devoted to the preparation, sale and/or service of food, refreshments, edibles or drink within the premises and which makes available any facility (including but not limited to parking or standing space on the premises for vehicles or persons) for, or which permits in open spaces, patios, accessory buildings or automobiles on the premises, the consumption of such food, refreshments, edibles or drink.

DRIVEWAY

A portion of an alley or private property which provides access from a curb cut to an off-street parking area, excluding the front yard, as defined herein.

DWELLING

Any house or building which is designed for and occupied exclusively as the home or residence of one or more persons permanently.

DWELLING, MULTIPLE-FAMILY

A building, other than a garden apartment or apartment house, designed for and occupied as a residence by three or more families living independently of each other.

DWELLING, ONE-FAMILY

A detached building designed for and occupied exclusively as a home or residence by not more than one family.

DWELLING, TOWNHOUSE

A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.

DWELLING, TWO-FAMILY

A building designed for and occupied exclusively as a home or residence by the owner and/or the owner's family and a second person or family living independently of each other.

EASEMENT

Authorization by a property owner for the use by another, for a specified purpose, of any designated part of his property.

ENGINEER or LICENSED PROFESSIONAL ENGINEER

A person licensed as a professional engineer of the State of New York.

EXECUTIVE GOLF COURSE

Executive golf courses have a total par ranging from 55 to 68 and an average of 3,000 to 4,500 yards.

EXTERIOR LIGHTING

Temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outdoors. Luminaires that are indoors that are intended to light something outside are considered exterior lighting for the purpose of Article XLIX, Exterior Lighting.

FAA

The Federal Aviation Administration.

FALL ZONE

The area, defined as the farthest distance from the tower base, in which a guyed tower will collapse in the event of a structural failure. The radius of the area is the same as the total height of the structure.

FAMILY

(1) One or more persons, whether or not related to each other by blood, marriage or adoption, all occupying a single, whole, legal single- or one-family dwelling unit as a traditional family or the functional equivalent of a traditional family, shall be considered a family, and further provided that persons occupying group quarters, such as a dormitory, fraternity or sorority house or a seminary, shall not be considered a family, having access to and utilizing the whole of such dwelling unit, including but not limited to all rooms and housekeeping facilities, in common.

(2) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

(a) The group is one which in structure and function resembles a traditional family unit; and

(b) The occupants must share the entire single- or one-family dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and

(c) The adult occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and

(d) The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to:

[1] The presence of minor children regularly residing in the household who are enrolled in local schools;

[2] Members of the household have the same address for purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail;

[3] Members of the household are employed in the area;

[4] The household has been living together as a unit for a year or more, whether in the current dwelling unit or in other dwelling units;

[5] Common ownership of furniture and appliances among the members of the household; and

[6] Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family.

FARM

Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry or dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

FARM OPERATIONS

The buildings, structures and land uses associated with agricultural production and processing of agricultural products.

FCC

The Federal Communications Commission.

FINAL PLAT

A drawing as defined in Subdivision 4(d) of § 276 of the Town Law.

FLOODLIGHT

A luminaire rated to produce 1,800 lumens (100 watts incandescent) or more, regardless of the number of lamps, and is which is designed to flood an area with light.

FLOOR AREA, COMMERCIAL

The sum of the horizontal areas of all floors of a building, including interior balconies and mezzanines. All horizontal dimensions of each floor are to be measured from the exterior faces of the walls of each such floor, including all roofed-over areas, or from the center line of party walls with any adjoining building. In computing floor area, the following shall be excluded from computation, except when used or intended to be used for human habitation or service to the public: atriums; attic space having a headroom of less than seven feet six inches; cellar and basement space; uncovered exterior balconies, decks or porches; floor space used exclusively for building maintenance or service areas related to maintenance; elevators and elevator lobby areas; mechanical and electrical equipment and storage areas for mechanical equipment; laundry equipment, laundry chutes and laundry storage areas (this exclusion shall not apply to commercial business dedicated to laundry-related services, i.e., dry cleaning or laundromats); stairways and stairwells (this exclusion shall only apply to commercial establishments equipped with elevator or escalator service); and public restrooms. Notwithstanding the foregoing, that portion of floor area comprising any covered plaza or similar pedestrian common area amenity which is not used directly for commercial purposes or floor space used for off-street parking and loading purposes shall be excluded in computing floor area.

[Amended 4-17-2018 by L.L. No. 10-2018]

FLOOR AREA RATIO

The gross floor area of all buildings on a lot, including accessory buildings, divided by the total lot area.

FLOOR AREA, RESIDENTIAL

The sum of the horizontal areas of all floors of a building, including interior balconies and mezzanines, but excluding uncovered exterior balconies, decks or porches. All horizontal dimensions of each floor are to be measured from the exterior faces of the walls of each such floor, including all roofed-over areas. In computing residential floor area, the following shall be excluded from computation, except when used or intended to be used for human habitation or service to the public: attic space having a headroom of less than seven feet six inches; cellar and basement space.

FOOD COURT

An establishment for the preparation of food which, by design of the physical facilities, permits or encourages limited consumption of food on either countertops and/or seating areas. Specifically excluded are restaurants, drive-ins or curb establishments. Such use shall be incidental to the primary use.

FOOD PROCESSING SHOP

An establishment which prepares and/or packages food, refreshments, edibles or drink for sale on the premises, but for consumption off the premises, as its primary business.

FOOTCANDLE (FC)

The American unit used to measure the total amount of light cast on a surface (illuminance). One footcandle is equivalent to the illuminance produced by a source of one candle at a distance of one foot. For example, the full moon produces 0.01 FC as measured with a light meter. One footcandle is approximately equal to 10 lux, the British unit used to measure illuminance.

FRONT SETBACK

The distance from the closest point of a building on a lot to the front lot line, measured perpendicular to the closest point of the front lot line.

FRONT YARD

The area between the street right-of-way and the front line of the main building projected to the side lot lines on any lot in a residence district, excluding the driveway, as defined herein.

FULL CUTOFF LUMINAIRES

A luminaire designed and installed where no light is emitted at or above a horizontal plane running through the lowest point on the luminaire. (See Figure 1.[3]) Further, no more than 10% of the lumen output should be provided at angles between 90° and 80° below the lowest light-emitting part of the luminaire.

FULLY SHIELDED

A luminaire constructed and installed in such a manner that all light emitted by it, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below a horizontal plane through the luminaire's lowest light-emitting part, as designed and installed. (See Figure 1.[4])

GALLERY

A building or a portion of a building used as a place to display or sell original works of art.

GAME ARCADE

A specific main use of a structure which contains more than 10 pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator, except for pool tables, jukeboxes and juvenile rides. A game arcade shall not be a recreational use, and no game arcade shall be permitted except in the area zoned Business B as herein defined. The use of a structure as a game arcade shall be the sole and only use of a structure, and no accessory uses shall be permitted. No food shall be prepared or served. All game arcades shall close from 12:00 midnight to 6:00 a.m. daily. The operator of a game arcade shall be subject to all the restrictions and requirements of Subsections (2) and (3) of the definition of "game center."

GAME CENTER

(1) An accessory use to a specific main use, consisting of an area or room containing four or fewer pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator, except for pool tables, jukeboxes and juvenile rides.

(2) When a game center is a permitted accessory use under this Code, the operator of such center shall apply for a one-year use permit, renewable annually, subject to the payment of an annual fee in the amount of $50, which shall be payable to the Town Clerk.

(3) Operation, by any person, of a game center without a valid use permit shall be a violation.

GAME ROOM

An accessory use to a specific main use of a structure which contains more than four and fewer than 10 pinball machines, electronic video-screen games, foosball games, air hockey games, skeebowls or any other similar games or machines for the use of which fees are paid directly into the machine or to any operator, except for pool tables, jukeboxes and juvenile rides. The operator of a game room shall be subject to all the restrictions and requirements of Subsections (2) and (3) of the definition of "game center."

GARAGE, PRIVATE

A building or space used as an accessory to a main building, providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. When a private garage is attached to the main building, it shall be considered an integral part of the main building.

GARAGE, PUBLIC

Any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

GASOLINE SERVICE STATION

Any area of land, including structures thereon, that is used or designed 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, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles, but not including body and fender work, machine shop work or the storage of dismantled vehicles on the lot.

GLARE

Stray, unshielded light striking the eye that may result in:

(1) Nuisance or annoyance glare, such as light shining into a window;

(2) Discomfort glare, such as bright light causing squinting of the eyes;

(3) Disabling glare, such as bright light reducing the ability of the eyes to see into shadows; or

(4) Distracting glare, such as light which diverts the eye from a visual task.

GREENHOUSE

A structure having a transparent covering, whether glass or plastic, utilized for seed germination, plant propagation, hardening off or forcing or maintenance of a controlled climate to sustain plant growth otherwise not possible in natural out-of-door surroundings. The following additional definitions shall apply:

(1) GREENHOUSE, AGRICULTURAL/COMMERCIAL A greenhouse where agricultural products may be sold at wholesale, but where the sale of agricultural products to the general public is not permitted.

(2) GREENHOUSE, GARDEN CENTER A permanent greenhouse where wholesale and retail sales of live or fresh products are permitted, whether or not raised on the premises, and where nonlive garden- or landscape-related products may be sold, including but not limited to garden or lawn equipment, seeds, fertilizers, pots, lawn ornaments, lawn furniture or other garden- or landscape-related products.

(3) GREENHOUSE, PERMANENT Any greenhouse that does not meet the definition of a "temporary greenhouse," as defined hereinafter.

(4) GREENHOUSE, PRIVATE A greenhouse accessory to a residential dwelling, intended and used solely for the private enjoyment of the residents thereof.

(5) GREENHOUSE, TEMPORARY A greenhouse consisting of specialized agricultural equipment having a framework covered with demountable polyurethane materials or materials of polyurethane nature and lacking a permanent and continuous foundation. A temporary greenhouse may include, but is not limited to, the use of heating devices, water and electrical utilities, and supporting poles embedded in noncontinuous concrete. In no instance will a temporary greenhouse be used for the retail sale of any farm or nonfarm products. The plastic covering shall be removed from the temporary greenhouses within 12 months of the last agricultural productions.

HEIGHT

When referring to a tower or other structure, the distance measured from the finished mean grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

HOLIDAY LIGHTING

Temporary lighting used to celebrate holidays. "Holiday lighting" includes, but is not limited to, strings of small individual lights, illuminated menorahs, illuminated nativity scenes, illuminated candles, and various yard decorations seasonal in nature.

HOME OCCUPATION

A customary personal service occupation such as dressmaking, millinery, hairdressing and home cooking, by way of description but not limited to these, provided that such occupation shall be conducted solely by members of the resident family and in the main building only, that not more than the equivalent of 1/2 of the area of one floor shall be used for such purposes, that no display of advertising other than a small nameplate and no display of products made shall be visible from the street, that no stock-in-trade shall be kept and that no mechanical or electrical equipment shall be used except customary household equipment.

HOME PROFESSIONAL OFFICE

The office or studio of a resident physician, surgeon, dentist, lawyer, architect, musician or teacher as herein restricted, by way of description but not limited to these, provided that not more than one person is employed who is not a member of the family and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building. For the purposes of this definition, the term "teacher" shall be restricted to a person giving individual instruction in subjects to a single pupil at a time. A home professional office shall not include the office of any person professionally engaged in the purchase or sale of economic goods. Dancing instruction, band instruction or voice instruction in groups, tearooms, tourist homes, beauty parlors, barbershops, convalescent homes, funeral homes and stores, trades or businesses of any kind not hereinabove specifically excepted shall not be deemed to be home professional offices. The home professional office of a physician shall not include a biological or other medical testing laboratory.

HOSPITAL

A facility licensed in accordance with Article 28 of the New York State Public Health Law and 10 NYCRR § 700.2(a)(1), (2), (3) and (5) of the New York State Hospital Code. A hospital shall, at a minimum, include an emergency department, operating room, laboratory, radiology, inpatient beds and an organized department of medicine and department of surgery. No other facility as defined in any other section of 10 NYCRR § 700.2(a) of the New York State Hospital Code shall constitute a "hospital."

[Amended 11-15-2016 by L.L. No. 36-2016]

HOTEL

A building or part thereof which has a common entrance, common heating system and general dining room and which contains seven or more living and sleeping rooms designed to be occupied by individuals or groups of individuals, for compensation.

IESNA

Illuminating Engineering Society of North America (IES or IESNA); the professional society of lighting engineers.

IESNA RECOMMENDED PRACTICES

The current publications of the IESNA setting forth illuminance levels.

ILLUMINANCE

The amount of light falling on any point of a surface measured at footcandles or lux.

INDEPENDENT CONGREGATE-LIVING RESIDENCES

A facility for active seniors, 55 years of age and older, who are generally in good health and not in need of assistance, personal care or supervision, organized as a comprehensive and cohesive living arrangement in which their housing accommodations are coupled with a variety of services and amenities designed to enhance their quality of life.

INDUSTRY, NONNUISANCE

Any industry which is not detrimental to the environment in which it is located by reason of the emission of noise, smoke, odor, dust, gas, glare, heat, liquid, fire hazards, industrial waste, transportation and traffic.

JUNK-SCRAP YARD

Any land or structure, or part thereof, exceeding 300 square feet in area used for the collecting, storage or sale of wastepaper, rags, scrap metal or other scrap discarded materials; or for the collecting, dismantling, storage or salvage of machinery or vehicles not in running condition, or for the sale of the parts thereof, including automobile wrecking yards.

LAMP

The generic term for an artificial light source, to be distinguished from the whole assembly (see "luminaire"); commonly referred to as "bulb" or "light bulb."

LANDING STRIP

Any locality, either of land or water, including airports and intermediate landing fields, which is used or intended to be used for the landing and takeoff of aircraft, whether or not facilities are provided for shelter, servicing or repair of aircraft or for receiving or discharging passengers or cargo.

LANDSCAPING LIGHTING

Nonessential low-lumen output fixtures (maximum of 500 lumens or 40 watts incandescent) used to illuminate residential walkways and foliage.

LIGHT

The form of radiant energy acting on the retina of the eye to make sight possible.

LIGHTING

Any or all parts of a luminaire that function to produce light.

LIGHT MANUFACTURING

The manufacture, assembly, compounding, processing or packaging of goods or products from raw materials refined elsewhere in which the goods produced are generally of high value in relation to bulk and which does not generate offensive noise, vibration, glare, dust, smoke, gas or other effluent.

LIGHT POLLUTION

Any adverse effect of man-made light, including, but not limited to, discomfort to the eye or diminished vision due to glare, light trespass, uplighting, the uncomfortable distraction to the eye, or any man-made light that diminishes the ability to view the night sky.

LIGHT TRESPASS

Light falling on the property of another or the public right-of-way when it is not required to do so.

LOT

A portion or parcel of land, held in single and separate ownership, 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. Adjoining lots which are recorded on an approved major or minor subdivision map filed with the Clerk of the County of Suffolk may be subdivided without approval of the Planning Board of the Town of Riverhead and shall not be deemed merged so long as the adjoining lots conform to the Zoning Districts Use Schedule in effect at the time the lots are to be conveyed.

LOT, CORNER

A parcel of land at the junction of and fronting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

LOT, INTERIOR

A lot other than a corner lot.

LOT, THROUGH

An interior lot having frontage on two streets.

LOT, WIDTH OF

The distance between the sidelines of the lot, measured along a line at the nearest point of any building on a lot to the street line and parallel to the street line or to the chord of the street line of the lot if the street line is on a curve.

LUMBERYARD

Premises where building materials are offered for sale, or premises used for sale and storage of building materials, but shall not include a yard used wholly for storage of building materials.

LUMEN

The unit used to quantify the amount of light energy produced by a lamp at the lamp. Lumen output of most lamps is listed on the packaging. For example, a sixty-watt incandescent lamp produces 950 lumens while a fifty-five-watt low-pressure sodium lamp produces 8,000 lumens.

LUMINAIRE

A complete lighting unit, consisting of a lamp or lamps together with the parts designed to distribute the light, to position and protect the lamps and to connect the lamps to the power; when used, includes ballasts and photocells; commonly referred to as "fixture."

MANUFACTURERS OUTLET CENTER

Any building or buildings used by one or more enterprises operated by the manufacturer for sale at retail or wholesale of first-quality goods, overruns and factory seconds. Factory goods shall occupy a minimum of 70% of the total floor area. In a manufacturers outlet center, each enterprise shall mainly purvey only those products originally manufactured or distributed by the affiliate enterprise.

MARINA, GENERAL

A boat basin with facilities for berthing and securing all types of recreational craft, as well as providing adequate supplies, provisions and service and fueling facilities.

MARINA, RESORT

A boat basin with facilities for berthing and securing all types of recreational craft but which may not provide adequate supplies, provisions and service and fueling facilities, except that emergency services may be provided and the owner of a boat may repair and service his own boat.

MICROBREWERY

An establishment where beer and malt beverages are made on the premises and offered for consumption on site, offered for sale directly to customers (including filling growlers), sold to licensed retailers or sold to licensed wholesalers to distribute the beer to retailers. A microbrewery includes any place or premises where beer is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the brewery to which they are attached or are appurtenant.

MICROCIDERY

An establishment where cider is made from fresh, whole apples or other pome fruits on the premises and offered for consumption on site (tastings, glass, bottle), offered for sale directly to customers for off-site consumption, sold to licensed retailers or sold to licensed wholesalers to distribute the cider to retailers. A microcidery includes any place or premises where cider is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards and storerooms connected therewith or where any part of the process of manufacture of cider is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the microcidery to which they are attached or are appurtenant.

MICROWINERY

An establishment where wine is made from ripe grapes, or other fruits or plants, on the premises and offered for consumption on site (tastings, glass, bottle), offered for sale directly to customers for off-site consumption, sold to licensed retailers or sold to licensed wholesalers to distribute the wine to retailers. A microwinery includes any place or premises where wine is manufactured for sale, and all offices, granaries, mashrooms, cooling rooms, vaults, yards and storerooms connected therewith or where any part of the process of manufacture of wine is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept, shall be deemed to be included in and to form part of the microwinery to which they are attached or are appurtenant.

MINOR SUBDIVISION PLAN

A drawing showing the information specified in Article LIII, Subdivision Regulations, to be filed with the Planning Board and the Building Inspector of the Town of Riverhead as part of the application for approval of a minor subdivision.

MOTEL

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units with direct outside access, designed primarily for transient automobile travelers and provided with accessory off-street parking facilities.

MOTOR COACH TERMINAL

A use of land, building or structures upon a parcel which supply and support motor coach services to patrons, which may have principal or accessory uses, structures and improvements thereon, including, but not limited to, administrative offices, waiting rooms, restroom facilities, outdoor coach storage, parking, maintenance, repair, washing, fuel island, fuel storage facilities, parking for patrons and employees.

MOTOR VEHICLE REPAIR SHOP

The business use of premises, the sole purpose of which is the repair or replacement of the mechanically functioning parts of motor vehicles.

MOVIE THEATER

A building devoted to the showing of motion pictures on one or more screens within the building(s) on a paid-admission basis.

[Added 6-21-2016 by L.L. No. 21-2016]

MUNICIPAL RECREATIONAL FIELDS

Includes tennis, basketball and handball courts; football, baseball, softball and soccer fields; hockey, skating and skateboarding rinks, constructed by or at the behest of the Town of Riverhead.

NONCONFORMING BUILDING

A building or structure lawfully existing on a lot at the effective date of this chapter or any amendment thereto affecting such building or structure, which does not conform to the dimensional regulations of this chapter for the district in which it is situated, regardless of the use to which such a building or structure is put.

NONCONFORMING USE

Any building, structure or land lawfully occupied by a use that does not conform to the regulations of the use district in which it is situated.

NONESSENTIAL LIGHTING

Lighting that is not necessary for an intended purpose after the purpose has been served; does not include any lighting used for safety and/or public circulation purposes.

NONTOXIC GASES

Limited to propane, LNG (liquid natural gas) or CNG (compressed natural gas), hydrogen gas, liquid oxygen or oxygen gas, liquid nitrogen or nitrogen gas, helium and acetylene gas.

OUTDOOR SPORTS FACILITY

A place designed, improved and equipped to allow the playing of both team and individual sports, including but not limited to baseball diamonds, lacrosse fields, football fields, soccer pitches, tennis courts, basketball courts and swimming pools. The recreational use of motorized vehicles is not considered to be an outdoor sports facility.

PARKING SPACE

The space required for each motor vehicle intended or required to be parked in an off-street parking area. Each parking space shall be limited to the paved portion and shall be the following minimum dimensions: 20 feet in length by 10 feet in width; and, in addition thereto, there shall be provided such space as is reasonably necessary for adequate ingress, egress and turning. The formula providing for an adequate parking area is an area of 350 square feet per required motor vehicle unit.

PAR THREE GOLF COURSE

Par three golf courses have a par on each hole of three and an average of 2,000 to 2,500 yards.

PARTIALLY SHIELDED

A light fixture which incorporates an opaque barrier, shield, louvers, or other means, so that the light source is not visible across property lines or into roadways.

PEEP SHOW

A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.

PERMITTED USE

A specific main use of a building, structure, lot or land, or part thereof, which this chapter provides for in a particular district as a matter of right. Any use which is not listed as a permitted, special exception or accessory use shall be considered a prohibited use. A permitted use requires the issuance of a permit from the Town Building Department.

PINE BARRENS CREDIT

A development right allocated for lands within the Central Pine Barrens Area.

PINE BARRENS CREDIT CERTIFICATE

An instrument issued on the behalf of the Central Pine Barrens Joint Planning and Policy Commission which indicates the number of Pine Barrens credits associated with a particular parcel of land and which attests that development rights have been severed from such real property by the recording of a conservation easement and that such rights are available for sale or use.

PLAN

The Central Pine Barrens Comprehensive Land Use Plan ratified by the Town Board on June 28, 1995, and adopted by the Central Pine Barrens Joint Planning and Policy Commission, pursuant to the provisions of Article 57 of the New York State Environmental Conservation Law.

PLANNING AND ZONING ADMINSTRATOR

The Town of Riverhead Building and Planning Administrator and Chief Building Inspector.

[Amended 11-1-2016 by L.L. No. 33-2016]

PLANNING BOARD

The Planning Board of the Town of Riverhead.

PORCH, UNENCLOSED

A roof supported by columns or pillars, the sides of which shall not be enclosed with screens, windows, jalousies or bulkhead, except that a railing with pickets not over 30 inches in height may be installed between columns or pillars.

PREEXISTING TOWER AND PREEXISTING ANTENNA

Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of Article LI, Wireless Communications Towers and Antennas, including permitted towers or antennas that have not yet been completed or constructed so long as such approved permit(s) is current and unexpired, or any tower which is existing and has a certificate of compliance.

PRELIMINARY PLAT

A drawing as defined in Subdivision 4(b) of § 276 of the Town Law.

PROFESSIONAL OFFICES

The office of a member of a recognized profession maintained for the conduct of that profession; specifically included are offices of:

(1) Accountants.

(2) Architects.

(3) Artists.

(4) Attorneys.

(5) Audiologists.

(6) Bookkeepers.

(7) Chiropractors.

(8) Dentists.

(9) Engineers.

(10) Income tax preparers.

(11) Insurance agents or brokers.

(12) Interior designers.

(13) Journalists.

(14) Medical doctors.

(15) Optometrists.

(16) Osteopaths.

(17) Podiatrists.

(18) Physical therapists.

(19) Real estate agents or brokers.

(20) Any other professional office determined by resolution of the Town Board to have similar impacts to those listed above.

REAR YARD

The area between the rear lot line and the front line of the main building projected to the side lot lines on any lot in a residence district.

RECEIVING DISTRICT

One or more designated districts to which development rights or Pine Barrens credits generated from one or more sending areas may be transferred, and in which increased development is permitted to occur, as set forth in Article XXVII, Industrial Receiving District, of this chapter, by reason of such transfer.

RECREATIONAL FACILITIES

A place designed to provide for recreational activities, including but not limited to pleasure boating and fishing, golf, tennis and similar activities.

REPAIR OF A LUMINAIRE OR SIGN

Any service normally provided by a licensed electrician upon a luminaire or sign. "Repair" shall be considered to include replacement or modification of any of the following: poles, mounting arms, housings, hardware, wiring, ballasts, lenses, reflectors, diffusers, baffles, shields, sensors, switches, relays, power supplies, and lamp replacement modules which contain any of the items listed above. Replacement of a user-serviceable lamp will not by itself be considered a repair.

RESTAURANT

A use in a building having as its sole purpose the preparation and serving of food to patrons for consumption on the premises within furnished dining areas, including as possible accessory uses live entertainment, outdoor dining and the serving of alcoholic beverages with meals, and which does not provide for nor permit the consumption of food in vehicles. A restaurant shall not be construed to include any form of drive-in, open-front or curb-service eating establishments, cart, wagon, vehicle, lunch wagon, dining car or camp car or any form of tavern, bar, nightclub or similar entertainment establishment.

RESTAURANT, DRIVE-IN, CURB-SERVICE

A use in a building having as its sole purpose the preparation and serving of food to patrons for consumption on the premises within furnished dining areas and provides for the service to and consumption of food in vehicles. Live entertainment and serving alcoholic beverages are not permitted.

RETAIL STORE OR SHOP

A building dedicated to the sale of goods in small quantities to the general public, which goods may be brought to the premises in their finished state or improved at such store or shop prior to sale.

SENDING AREA

One or more designated areas of land in the Core Preservation Area for which development rights or Pine Barrens credits are allocated for use in one or more Receiving Districts.

SHOPPING CENTER

A use of lands, buildings or structures by two or more stores or business establishments where the proposed use occupies a site of one or more acres, whether built at one time or in two or more construction stages, in connection with which there is provided, on privately owned property contiguous thereto, area used by the public as the means of access to and egress from the stores or business establishments on such premises and for the free parking of motor vehicles of customers and patrons of such stores or business establishments on such premises.

SKETCH PLAN

A sketch of a proposed subdivision showing the information specified in Article LIII, Subdivision Regulations, to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the layout and objectives of Article LIII, Subdivision Regulations.

SKYGLOW

The overhead glow from light emitted sideways and upwards. Skyglow is caused by the reflection and scattering of light by dust, water vapor and other particles suspended in the atmosphere. Skyglow reduces one's ability to view the night sky.

SMALL WIND-ENERGY SYSTEM

A wind-energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power.

SPECIALLY PERMITTED USES

An authorization of a particular land use which this chapter permits subject to certain specified requirements imposed by this chapter to assure that the proposed use is in harmony with this chapter and will not adversely affect the neighborhood if such requirements are met.

STANDARD GOLF COURSE

Standard golf courses have a minimum par of 70 and a minimum of 6,000 yards as measured from the middle tees, and are no less than 125 acres.

STORAGE

The act of placing or leaving an item in a location for preservation, disposal or later use, or the state of any item so placed.

STORY

That portion of a building included between the surface of any floor other than a cellar 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. The ground or first story is the lowest story of a building above the level of the ground in front of the building and shall include the area on more than one level, provided each of the levels is separated by not more than eight risers.

STORY, AREA OF

The area of any story of a building measured between exterior faces of exterior walls, excluding attached garages, carports, unenclosed porches and breezeways.

STORY, HALF

A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.

STREET

A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place or however otherwise designated.

STREET OR PRIVATE RIGHT-OF-WAY

A means of access to an existing or proposed building or structure over an existing state, county or Town highway or over an improved street shown upon a plat approved by the Planning Board and duly filed and recorded in the office of the County Clerk, or over a right-of-way or easement within an open development area or areas established by the Town Board.

STREET WIDTH

The width of the right-of-way measured at right angles to the center line of the street.

STRUCTURE

A combination of materials, other than a building, forming a construction that is safe and stable. Excluded shall be a combination of such materials having a total floor area of less than 50 square feet and which is used for purposes other than family dwelling, storage, business, farm or industrial purposes. Also excluded shall be fences four feet or less in height in a front yard and six feet or less in height elsewhere on a lot.

STUDIO

A building or a portion of a building, used as a place of work by an artist.

SUBDIVIDER

Any person, firm, corporation, partnership or association who shall lay out any subdivision or part thereof, as defined herein, either for himself or others.

SUBDIVISION

The division of any parcel of land into two or more lots, blocks or sites, with or without streets or highways, and includes resubdivision.

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of five or more lots, or any size subdivision requiring any new street or extension of municipal facilities.

SUBDIVISION, MINOR

Any subdivision containing not more than four lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities and not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map or Zoning Ordinance, if such exist, or these regulations.

SURVEYOR

A person licensed as a land surveyor by the State of New York.

SWIMMING POOL

A body of water having a depth of more than 18 inches in an artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to be used for public, semipublic or private swimming by people, whether or not any charge or fee is imposed. When a private swimming pool for which no fee is charged is attached to the main building, it shall be considered an integral part of the main building.

TATTOO PARLOR

An establishment having as a substantial or significant portion of its stock-in-trade the providing of tattoos and which establishment is customarily not open to the public generally but excludes any minor by reason of age.

TAVERN

Any building or use commonly known as a "bar," "barroom," "tavern," "saloon," "cabaret" or "nightclub"; a place or building where intoxicating liquors are sold to be drunk on the premises; a room containing a bar or counter at which liquors are sold or where liquors and refreshments are sold; or a room or place of entertainment where live music, live performances or films are permitted in conjunction with the sale of liquors.

TELECOMMUNICATIONS TOWER

Any structure designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and similar structures. The term includes the structure and any support thereto.

TEMPORARY BUSINESS SIGN

A sign or advertising display constructed of cloth, canvas, fabric, plywood or other light material and designed or intended to be displayed for a short period of time.

TEMPORARY LIGHTING

Lighting that is intended to be used for a special event for seven days or less.

TOWER HEIGHT

The height above grade of the fixed portion of a tower that is part of a small wind-energy system, exclusive of the wind turbine.

TRANSFER OF DEVELOPMENT RIGHTS

The process by which development rights or Pine Barrens credits are transferred from a lot or parcel located in any sending area to another lot or parcel located in one or more Receiving Districts.

TRANSIENT LODGING UNIT

A lodging unit providing lodging designed to be made available as sleeping or living quarters for paying customers on a daily or weekly rental basis for a time not to exceed 30 days.

UNDEVELOPED

A plat as defined by Subdivision 2 of § 276 of the Town Law of the State of New York.

UNOCCUPIED AREA

The area of a front yard, measured from a street line, open and unoccupied at all times by a building, structure or by the storage or display of anything, whether movable or immovable, except for hedges, shrubs or open fencing which does not exceed four feet in height or trees. The unoccupied area of a corner lot shall comply with § 301-245.

UPLIGHTING

Lighting that is directed in such a manner as to shine light rays above the horizontal plane.

USED CAR OR BOAT SALES LOT

Any parcel of land for the sale only of motor vehicles or boats in operable condition and which shall be able to pass the registration and inspection requirements of the State of New York with minor repairs, if necessary, and upon which lot or parcel of land there are no facilities for repair work.

WATER-DEPENDENT USE

An industry, business or other activity which can only be conducted in, on, over or adjacent to a water body because such activity requires direct access to that water body and which involves, as an integral part of such activity, the use of the water body.

WATER SERVICE AND SUPPLY, PRIVATE

A nonmunicipal water supply system providing potable water to more than four dwelling units or a condominium having more than four separate dwelling units.

WHOLESALE BUSINESS, NONNUISANCE

Any industry which is not detrimental to the environment in which it is located by reason of the emission of noise, smoke, odor, dust, dirt, gas, glare, heat, liquid, fire hazards, industrial waste, transportation and traffic and which does not include any open storage yard or outdoor processing of materials.

WINE

The product of the normal alcoholic fermentation of the juice of fresh, sound, ripe grapes, or other fruits or plants, with the usual cellar treatment and necessary additions to correct defects due to climatic, saccharine and seasonal conditions, including champagne and sparkling and fortified wine of an alcoholic content not to exceed 24% by volume.

YARD, FRONT

A space unoccupied, except as otherwise herein provided, between the front street line and the nearest point of any building line or structure on the lot and extending from side lot line to side lot line.

YARD, REAR

A space unoccupied, except by a building or structure or accessory use as herein provided, extending from side lot line to side lot line between the rear lot line and the extreme rear line of the main building.

YARD, SIDE

A space unoccupied, except by a building or structure or accessory use as herein provided, situated between the line of the principal building and sidelines of the lot and extending from the front lot line to the rear lot line.

ZONING OFFICER

Any person or agency designated by the Town Board of the Town of Riverhead to enforce the provisions of this chapter.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).

[2] Editor's Note: The sample deed is on file in the Town offices.

[3] Editor's Note: Figure 1 is included as an attachment to this chapter.

[4] Editor's Note: Figure 1 is included as an attachment to this chapter.

C. Terms not defined. Where terms are not defined, they shall have their ordinarily accepted meanings consistent with their context.

§ 301-4 Interpretation.

[Amended 7-19-2005 by L.L. No. 29-2005]

In interpreting and applying the provisions of this chapter, such provisions shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon heights of buildings or requires larger open spaces than are required by easements, covenants or agreements, the provisions of this chapter shall govern.