A.Â
In the interpretation of this chapter, the provisions and rules of
this section shall be observed and applied, except when the context
clearly requires otherwise.
(1)Â
Words in the present tense include the future.
(2)Â
Words in the singular include the plural and the plural the
singular.
(3)Â
The word "shall" is intended to be mandatory.
(4)Â
The word "lot" shall include the word "plot" or "parcel."
(5)Â
The word "person" shall include an individual, firm or corporation.
(6)Â
A building or structure includes any part thereof.
(7)Â
The word "and" indicates that all connected items, conditions,
provisions or events shall apply.
(8)Â
The word "or" indicates that the connected items, conditions,
provisions or events may apply singly or in any combination.
(9)Â
The words "either...or" indicate that the connected items, conditions,
provisions or events may apply singly but not in any combination.
(10)Â
The word "Town" means the Town of West Bloomfield, New York.
(11)Â
The word "county" means the County of Ontario, New York.
B.Â
In case of any difference of meaning or implication between the text
of this chapter and any caption, illustration or table, the text shall
control.
When used in this chapter, the following terms shall have the
meanings herein ascribed to them. Where any definition is divided
into classifications or categories of activities or uses, each classification
or category shall be considered a different activity or use requiring
separate application of the provisions of this chapter.
A use or a sign referring to a use that has been discontinued
with no intent to resume.
An accessory use or structure that:
Is subordinate to and serves a principal building or a principal
use; and
Is subordinate in area, extent and purpose to the principal
structure or principal use served; and
Contributes to the comfort, convenience or necessity of the
occupants, business or industry in the principal structure or principal
use served; and
Is located on the same lot as the principal structure or principal
use served, except as otherwise expressly authorized by the provisions
of this chapter.
Farm buildings shall be considered permitted accessory uses
whether or not a principal residence is located on the lot.
Any business enterprise that offers or maintains one or more
adult video viewing booths.
Any business enterprise which regularly features or offers,
to the public, customers or members, performances by persons who appear
nude or seminude or live performances that are characterized by their
emphasis on the exposure, depiction or description of specified anatomical
areas or the conduct or simulation of specified sexual activities.
Any business enterprise which regularly features or offers
to the public the presentation of motion-picture films, movies or
sound recordings which are characterized by their emphasis on the
description or depiction of specified anatomical areas or specified
sexual activities and which are presented to a common audience of
more than five persons in an enclosed common area or are presented
in a common area of more than 150 square feet.
A business enterprise that meets any of the following tests:
Offers for sale sexually oriented toys and novelties; except
for a business enterprise which devotes less than 10% of its stock-in-trade
and sales and display area to sexually oriented materials with all
sexually oriented toys and novelties separated from other sales and
display areas by an opaque wall at least eight feet in height with
a management-controlled system of access to ensure that only persons
over the age of 18 years are allowed to enter the area;
Devotes more than 10% of its stock-in-trade or sales and display
area to sexually oriented materials without having all sexually oriented
materials separated from other sales and display areas by an opaque
wall at least eight feet in height with a management-controlled system
of access to ensure that only persons over the age of 18 years are
allowed to enter the area;
Devotes more than 40% of its stock-in-trade or sales and display
area to sexually oriented materials; or
Advertises or holds itself out, in signage visible from the
public right-of-way, as "X...," "adult," "sex" or otherwise as a sexually
oriented business.
Any business enterprise which offers for sale or rental sexually
oriented materials and which devotes at least 10% and not more than
40% of its stock-in-trade or sales and display area to sexually oriented
materials, provided that:
All sexually oriented materials are separated from other sales
and display areas by an opaque wall at least eight feet in height
with a management-controlled system of access to ensure that only
persons over the age of 18 years are allowed to enter the area; and
The business enterprise does not advertise or hold itself out,
in signage visible from the public right-of-way, as "X...," "adult,"
"sex" or otherwise as a sexually oriented business.
The production of crops, plants, vines or trees (excluding
forestry operations).
As applied to a building or structure, the change or rearrangement
in the supporting members of a building or structure, such as bearing
walls, columns, beams or girders, or in the exit facilities; an enlargement
of a building or structure, whether by extending on a side or by increasing
in height; the moving from one location or position to another; or
any alteration whereby a structure is adapted to another or different
use.
The premises, including a theater, hall, auditorium, tent,
structure, building or enclosure of any type, yard, or lot, on or
within which is offered or operated any amusement game. This definition
shall not include such premises in which jukeboxes are the only type
of amusement game.
A system of electrical conductors that transmit or receive
radio frequency signals. Such signals shall include, but not be limited
to, cellular, paging, personal communications services and microwave
communications.
A structure, other than a telecommunications tower, which
is attached to a building and on which transmitting and/or receiving
antennas are located.
An independent, self-contained dwelling unit with its own
sleeping quarters and sanitary and cooking facilities in a building
containing two or more such dwelling units or more than one use, which
is rented to the inhabitants on a term basis.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other, but
having common hallways and entrances.
A request for the review of the local authorities' interpretation
of any provision of this chapter or a request for a variance.
An establishment where art is taught, studied, or practiced.
The arts may include but are not limited to music, dance, martial
arts, painting, sculpture, photography, and modeling, but shall not
include any art associated with an adult use.
See "dwelling, attached."
An establishment used primarily for the dispensing or sale
of alcoholic beverages, by the drink, for on-site consumption.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
That space of a building that is partly below grade 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.
An owner-occupied and owner-operated dwelling originally
designed as a residential structure where limited overnight lodging
and a breakfast is provided for compensation to tourists or recreational
guests.
Any building other than a hotel, motel, or bed-and-breakfast,
supervised or not, which provides living and sleeping arrangements,
with or without meals being provided, for four or more roomers who
have agreed to pay a specific rent for a room for a period of 10 days
or longer.
Strips of land area covered with grass, vegetation, trees,
fencing, embankments or berms designed to separate or screen one zoning
district or use from another zoning district or use or from a highway.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals or property.
The New York State Uniform Fire Prevention and Building Code
duly adopted by the Town of West Bloomfield.
The percentage of a lot area occupied by the ground area
of principal and accessory buildings on such lot.
The exterior wall of a building facing the front line of
the lot.
The length along a ground floor building front facing a street
or private way accessible from a street which is occupied by a separate
and distinct use; or the length along a ground floor building side
facing a street which is occupied by a separate and distinct use or
by the same use which occupies the front of said building.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line for mansard roofs
and to the mean height between eaves and ridge for gable, hip and
gambrel roofs. Height does not include chimneys, cooling towers, elevator
bulkheads, ornamental cupolas, domes or spires, and/or parapet walls
that do not exceed 10 feet in height.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building or a projected roof or porch, the vertical plane will
coincide with the most projected surface, excluding steps and overhanging
eaves less than two feet in width. All yard and setback requirements
are measured to the building lines.
A building in which is conducted the main or principal use
of the lot on which said building is situated. Buildings associated
with agricultural activities shall not be considered principal buildings.
A primarily indoor retail establishment selling lumber and
other large building materials and also including paint, wallpaper,
glass, fixtures, nursery stock, lawn and garden supplies.
A retail establishment that provides primarily photocopying
services, along with incidental business support services such as
document binding, computer work stations with Internet access, overnight
shipping of materials less than 150 pounds and the incidental sale
of office supplies.
A parcel of land used or intended to be used, let or rented
for transient, vacation and recreational occupancy by travel trailers,
campers, tents, recreational vehicles, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes designed
for year-round occupancy or as a place of residence.
Any building or premises, or portion thereof, the use of
which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
That space of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A transition to a use that is different, in terms of specific
use type, from the use it replaces. Not included are changes in occupancy
involving the same specific use where there is no increase in floor
area, extension of use or addition.
All trucks, vans, construction equipment and limousines bearing
commercial license plates and with a gross vehicle weight, as defined
by the manufacturer, that is in excess of four tons.
See "lot, corner."
See "lot coverage."
Daytime care or instruction of three or more persons away
from their own homes for more than three but less than 24 hours per
day, by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
A place, other than an occupied residence, providing or designed
to provide day care, or an occupied residence providing or designed
to provide day care, for nine or more persons.
A program caring for children for more than three hours per
day per child, in which child day care is provided in a family home
for three to six children. A family day-care provider may, however,
care for seven or eight children at any one time if no more than six
of the children are less than school age and the school-aged children
receive care primarily before or after the period such children are
ordinarily in school, during school lunch periods, on school holidays,
or during those periods of the year in which school is not in session.
A program caring for adults for more than three hours per
day per person, in which day care is provided in a family home for
three to six adults.
A program caring for children for more than three hours per
day per child, in which child day care is provided in a family home
for seven to 10 children of all ages, or up to 12 children where all
of such children are over two years of age, except for those programs
operating as a family day-care home which care for seven or eight
children. A group family day-care provider may provide child day-care
services to two additional children if such additional children are
of school age and such children receive services only before or after
the period such children are ordinarily in school or during school
lunch periods, or school holidays, or during those periods of the
year in which school is not in session.
Any plan hereinafter adopted by the Town Board, after notice
and a public hearing, for the development or redevelopment of an area
with specific geographic boundaries, which clearly identifies the
purposes of the development or redevelopment and involves one or more
elements of land acquisition, site clearance, rehabilitation or construction
of buildings, construction or reconstruction of public improvements
and land disposition and which is specifically designated a "development
plan" for purposes of this chapter.
The removal of surface or subsurface water from a given area
either by gravity or by pumping. The term is commonly applied to surface
water and groundwater.
Includes drive-through refreshment stands, banks and the
like where patrons are served directly in automobiles.
Any building or structure, or part thereof, used and occupied
for human habitation, or intended to be so used, and includes any
appurtenances belonging thereto.
A row of two or more adjoining dwelling units each on their
own lot, each of which is separated from the others by one or more
unpierced walls extending from ground to roof.
A structure, transportable in one or more sections, which
in the traveling mode is eight body feet or more in width or 40 body
feet in length, or when erected on site is 320 or more square feet,
and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein; except that such term shall
include any structure which meets all the requirements of this definition
except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the Secretary of HUD
and complies with the standards established under 24 CFR Part 2382.
A dwelling designed for or occupied by more than two families.
A dwelling designed for and occupied by not more than one
family and surrounded by open space or yards and having no roof, wall
or floor in common with any other dwelling unit.
A dwelling designed for and occupied by not more than two
families in separate dwelling units, each of which is totally separated
from the other by an unpierced wall extending from ground to roof
or an unpierced ceiling and floor extending from exterior wall to
exterior wall.
One room, or a group of rooms joined to each other and not
regularly locked, located in a dwelling, designed and maintained as
a unified living quarter, occupied by a family, containing integrated
facilities used for living, sleeping, cooking, eating and sanitation.
Authorization by a property owner for use by another, and
for a specified purpose, of any designated part of his/her property.
An addition to the floor area of an existing building, an
increase in the size of any other existing structure or an increase
in that portion of a tract of land occupied by an existing use.
The erection, construction, alteration or maintenance by
public utilities or any governmental department or commission of underground
or overhead gas, electrical, telecommunications or water transmission
and/or distribution systems, including poles, wires, drains, sewers,
pipes, conduits, cables, towers, fire alarm boxes, police call boxes,
traffic signals, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate service by such public utilities or municipal or other governmental
agencies, or for the public health, safety or general welfare. This
definition expressly excludes power generation facilities or sites
for the disposal of waste materials associated with the provision
of such services.
An increase in the amount of existing floor area used for
an existing use within an existing building.
Any wall which defines the exterior boundaries of a building
or structure.
Persons occupying a dwelling unit and living together as
a family unit. It shall be presumptive evidence that more than four
persons living in a single dwelling unit who are not related by blood,
marriage, domestic partnership or legal adoption do not constitute
the family unit. In determining whether individuals are living together
as a family unit, the following criteria must be present:
The occupants must share the entire 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;
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses;
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school;
Members of the household having the same address for the purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year
or more whether in the current dwelling unit or other dwelling units;
Common ownership of the furniture and appliances among the members
of the household; and
The group is not transient or temporary in nature;
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family. A fraternity or sorority
or similar groups of a fraternal or sororal nature will not be considered
the functional equivalent of a family.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry, or for the incidental or customary
processing of farm products, and provided that such building is located
on, operated in conjunction with, and necessary to the operation of
the farm as defined by this section.
The use of land and on-farm buildings and all activities
and practices which are inherent and necessary to the operation of
a farm and which contribute to the production, preparation, and marketing
of crops, livestock and livestock products as a commercial enterprise,
including a commercial horse-boarding operation, as defined and governed
in Agriculture and Markets Law Article 25-AA, § 301.
An employee of an active farm operation who may be part-time
or full-time, seasonal or year-round, but must do substantial work
on the farm.
A temporary structure that is clearly accessory to an agricultural
operation and occupied by farm workers employed on the premises and
their families.
A structure of wood, masonry, wire mesh or other material
which prohibits or inhibits unrestricted travel or view between properties
or portions of properties or between the street or public right-of-way
and a property, erected for the purpose of assuring privacy or protection.
The level where the finished grade of the ground intersects
the foundation walls. Height measurements shall be based from the
finished grade level.
The sum of the gross horizontal areas of the several floors
of a building, measured from the interior face of exterior walls or
interior face of common walls. The floor area of a building shall
include basement floor area.
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the inside faces of exterior
walls or from the center line of walls separating two uses. For the
purpose of applying the requirements for off-street parking and loading
in the case of offices, merchandising or service types of uses, gross
floor area shall not include areas used principally for nonpublic
purposes such as storage, rest rooms, fitting or alteration rooms
or general maintenance, or for enclosed pedestrian malls or corridors.
See "lot line, front."
See "yard, front."
A parking deck or any building, or part thereof, used or
intended to be used for the parking and storage of vehicles at one
or more levels.
The sale or offering for sale to the general public of over
five items of personal property on any portion of a lot in a residential
zoning district, whether within or outside any building.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building or structure.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, for the primary purpose of producing electricity for on-site
or off-site use, sale, or consumption.
[Added 6-26-2019 by L.L.
No. 4-2019]
Any person, firm, corporation, organization, club, or association
engaged in the sale of instruction, training, or assistance in a program
of physical exercise or weight reduction, which may include the use
of a sauna, whirlpool bath, weight-lifting room, massage, steam room,
or other exercising or weight reduction machine or device.
The vertical distance from the ground to the top of the fence
measured at any point along the fence line.
A parcel of land or structure which marks or is associated
with some event or person of historical importance as defined in the
Town of West Bloomfield Comprehensive Plan or as designated by the
Town Board.
Any occupation or business conducted within a residential
dwelling, in a building accessory to the dwelling or on the property
of the dwelling which alters the existing character of that dwelling
and is clearly subordinate to the primary residential use of that
unit.
Any occupation, customarily conducted entirely within a dwelling
or a building accessory to the dwelling by the inhabitants thereof,
which is secondary to the use of the dwelling for dwelling purposes
and does not change the character of the residential unit. A home
occupation shall not be interpreted to include the following: commercial
stables and kennels, restaurants, musical and dancing instruction
to groups exceeding four pupils, convalescent homes, mortuary establishments,
garages or shops for the repair of motor vehicles, retail businesses
and trades and service establishments.
A facility offering transient lodging accommodations on a
daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, and recreational facilities. Room
entrances are located on the interior of the facility.
Any motor vehicle, whether automobile, bus, trailer, truck,
tractor, motor home, motorcycle, minibike or snowmobile, or any device
originally intended for travel on the public highways, which meets
the following conditions:
Any property or place where the business of a junk dealer
or salvage dealer buys, exchanges, collects, receives, stores, accumulates,
sells or otherwise transfers junk or salvage materials, other than
wholly within an enclosed building. In addition, a junkyard shall
include property used for the storage of impounded, abandoned, partially
dismantled, obsolete or wrecked automobiles, other than wholly within
an enclosed building. The outdoor storage of any of the following
is included in this definition:
Two or more junk vehicles;
Two or more abandoned mobile homes or recreational camping vehicles;
Two or more abandoned all-terrain vehicles or snowmobiles (as
defined in the New York State Vehicle and Traffic Law);
Five or more inoperable appliances, including but not limited
to lawn and garden machines, washers, dryers, dishwashers, stoves,
refrigerators, freezers and televisions;
Five or more inoperable pieces of equipment;
Collection and storage of any secondhand or used material which,
taken together, equal in bulk a volume of 2,000 cubic feet or more;
Any combination of the above that totals five items.
Any building or lot on which four or more domesticated animals
more than four months of age are housed, groomed, bred, boarded, trained
or sold. This definition shall include temporary housing of such animals
for periods of over four hours.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of off-site use, sale or consumption,
and which exceeds 1,000 square feet in total area, as measured by
the entire surface area of the solar panels regardless of the method
by which the panels are supported or attached to the ground, or the
angle at which they are placed.
[Added 6-26-2019 by L.L.
No. 4-2019]
Firms engaged in the repair or servicing of industrial, business,
or consumer machinery, equipment, products, or by-products mainly
by providing centralized services for separate retail outlets. Light
industrial uses will generate minimal truck trips, visual emissions,
noise, odors or vibrations and have minimal visual impact on an area.
Any animal customarily kept by humans for the purpose of
providing food, clothing or work, including but not limited to equine,
bovine, ovine, caprine, porcine and fowl, but excluding bees.
A tract of land under single ownership and occupied by, or
designated to be developed for, a building and its accessory buildings,
or a principal use, together with such open spaces and yards as are
designed and arranged, or required under this chapter, to be used
with such buildings or use. Every lot shall have access in accordance
with the provisions this chapter.
The total horizontal area included within lot lines.
A lot abutting two intersecting streets, where the interior
angle of intersection does not exceed 135°. The yards adjacent
to both public and private streets shall be considered front yards
when determining appropriate setbacks.
The percentage of a lot area occupied by the ground area
of principal and accessory buildings, driveways, swimming pools, decks
and other impermeable materials on such lot.
The mean horizontal distance between the front and the rear
lot lines.
The line separating the lot from the boundary of the road/highway
right-of-way upon which the lot abuts. All sides of a parcel adjacent
to a road shall be considered a front lot line.
The lines bounding a lot.
Any lot line other than the front lot line.
The smallest lot on which a particular use or structure may
be located in a particular district.
A parcel of land that is a lot in a subdivision recorded
on the records of the Recorder of Deeds of Ontario County, New York,
or that is described by a metes and bounds description which has been
so recorded.
The shortest distance between the side lot lines measured
along a straight line which passes through the point of the primary
structure that is nearest to the front property line.
The lowest level of a building, including a basement. An
unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement,
is not considered a building's "lowest floor," provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
To make or process goods, especially in large quantities
and by means of industrial machines.
The maximum percentage of a lot to be covered by buildings.
The maximum percentage of a lot to be covered by buildings,
structures, accessory uses and structures and impervious materials.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations shown on the Town's Flood Insurance Rate
Map are referenced.
See "lot, minimum area of."
A development or redevelopment that allows for more dense
development in a single building or on a single lot and includes a
mixture of uses, including but not limited to two or more of the following:
residential, commercial and industrial.
See "dwelling, mobile or manufactured home."
A parcel of land within a mobile home park reserved for placement
of a mobile home, including accessory buildings, for the exclusive
use of its occupants.
A parcel of land under single ownership on which two or more
mobile homes, not including farm worker residences, are occupied as
residences or which is planned and improved for the placement of two
or more mobile homes for nontransient residential use or for the sale
or rental of two or more mobile home lots.
A building or group of buildings designed or used primarily
for providing sleeping accommodations for automobile travelers and
having parking spaces adjacent to the sleeping rooms with exterior
entrances.
A portable, temporary dwelling to be used for travel, recreation
and vacation, constructed as an integral part of a self-propelled
vehicle.
A machine, propelled by power other than human power, designed
to travel along the ground by use of wheels, treads, runners or slides
and to transport persons or property or to pull machinery, and shall
include, without limitation, automobiles, box trailers, trucks, trailers,
motorcycles, tractors, wagons and snowmobiles.
See "dwelling, multifamily."
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas, petroleum, or other hydrocarbons.
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
Structures for which the start of construction commences
on or after the effective date of the applicable sections of this
chapter.
Any building or structure, other than a sign, lawfully existing
on the effective date of this chapter, or any amendment to it rendering
such building or structure nonconforming, that:
Does not comply with all of the regulations of this chapter,
or any amendment of this chapter, governing use and building requirements
for the zoning district in which such building or structure is located;
or
Does not comply with all of the regulations of this chapter,
or any amendment of this chapter, governing parking or space and bulk
requirements for the zoning district in which such building or structure
is located; or
Is located on a lot which does not, or is so located on a lot
as not to, comply with the yard requirements for the zoning district
in which such building or structure is located.
Any use lawfully being made of any land, building or structure,
including an accessory use, on the effective date of this chapter,
or any amendment to it rendering such use nonconforming, that does
not comply with all of the regulations of this chapter, or any amendment
hereto, governing the use for the zoning district in which such land,
building or structure is located.
A structure designed or used for residential occupancy and
providing limited medical or nursing care on the premises for occupants,
but not including a hospital.
A building comprising more than 50% offices, as compared
with home occupations where offices are considered a secondary or
incidental use.
See "base flood."
The area covered by floodwater as a result of the flood having
a one-percent chance of being equaled or exceeded in any given year,
designated as Zones A and A1-99 on the Flood Insurance Rate Map.
Storage of any materials, merchandise, stock, supplies, machines
and the like that are not kept in a structure having at least four
walls and a roof, regardless of how long such materials are kept on
the premises. Outdoor storage shall not include junk and salvage yards,
auto wrecking yards or the like.
Any land area used or intended to be used for the parking
of more than three vehicles.
A space for the parking of a motor-driven vehicle within
a public or private parking area.
A structure owned and/or used by a religious organization
for worship, religious training, or education.
Prime farmland, farmland of statewide importance or soils
classified as Class 1 through 4 as documented in the Soil Group Worksheets
prepared by the Ontario County Soil and Water Conservation District
(OCSWCD) and used by the Town Assessor in calculation of agricultural
use exemption values.
[Added 6-26-2019 by L.L.
No. 4-2019]
A use that is devoted exclusively to business, nonprofit
or professional services.
Uses operated by the public or semipublic body, such as schools,
public libraries, fire and public safety buildings, museums, parks,
public meeting halls, governmental buildings and community centers.
Swimming pools, tennis and/or racquetball courts, bowling
alleys, ice rinks, roller-skating rinks, golf courses, driving ranges
or other active indoor or outdoor sports.
Vehicles or trailers for recreational or utilitarian uses
that can be driven, towed, or hauled. This includes, but is not limited
to, those vehicles commonly referred to as "RVs," such as motor homes
and travel trailers, as well as any snowmobile, boats and boat trailers,
pull camper, all-terrain vehicle (ATV), tent trailer, special-purpose
trailer, utility trailer used for hauling, or other similar vehicle.
A recreational vehicle such as an ATV on a trailer shall constitute
one recreational vehicle. Trailers associated with agricultural uses
shall not be considered a recreational vehicle/utility trailer.
The channel of a river or other watercourse and the adjacent
land area which must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot. The regulatory floodway in the Town is delineated on the
Flood Boundary and Floodway Map, and the base flood elevations in
the floodway are listed in the Flood Insurance Study.
A building the principal use of which is a residential use.
An establishment where food is prepared and available to
the general public, for a determined compensation, primarily for consumption
within a structure on the premises and where the consumption of food
in motor vehicles on the premises is neither encouraged nor permitted.
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
The sale, provision of service or on-premises incidental
production or assembly of general merchandise to the general public
for direct use or consumption, but not including the sale to another
business for resale purposes.
A temporary structure or vehicle located on a seasonal basis
for the purpose of displaying and selling of farm products produced
on the premises or from a nearby farm.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
[Added 6-26-2019 by L.L.
No. 4-2019]
One or more one-story buildings intended for use by the public
and operated as a business for short-term self-storage of personal
items.
The minimum distance allowed between a lot line and a structure
on the lot.
Two or more separate commercial buildings that are located
on a single or adjacent lot, or two or more buildings developed as
part of a single integrated development with a common architectural
design.
A name, identification, description, display or illustration
which is affixed to, or represented directly or indirectly upon, a
building, structure, or piece of land and which directs attention
to an object, product, place, activity, person, institution, organization,
or business. "Sign" does not include merchandise, pictures or models
of products or services incorporated in a window display, works of
art which in no way identify a product, graffiti, or scoreboards located
on athletic fields.
A sign displaying the number or other designation assigned
to a housing unit, business establishment, or other structure for
purposes of mail delivery, emergency services, and so forth.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
Any sign attached to a building.
Any sign possessing characters, letters, illustrations or
ornamentations or designed to attract attention by scenic effect,
with or without characters; "banner" shall include streamers, wind-driven
whirligigs, or other devices applied to cloth, paper, fabric or similar
material, with or without a frame and not of permanent construction.
The portion of a building originally designed for the placement
of a sign and may include only a portion of the building over the
door or may extend the length of the building.
Any sign not attached to a building.
The area of the sign where the name, identification, description,
display or illustration is located, not including the structural support
for the sign.
A sign expressing support for a candidate for public office,
or expressing any other position regarding a public figure or a public
issue but bearing no commercial message whatsoever.
Any sign not permanently attached to the ground or other
permanent structure or a sign designed to be transported, including
but not limited to signs designed to be transported by means of wheels;
signs made as A-frames or T-frames; menu and sandwich-board signs;
balloons used as signs; umbrellas used for commercial messages; and
signs attached to or painted on vehicles parked and visible from the
public right-of-way, unless said vehicle is used in the normal day-to-day
operations of the business.
Any sign that is used only for a short, specifically limited
time and that is not permanently mounted.
Any sign that is placed inside a window or upon the window
panes or glass and is visible from the exterior of the window.
See "dwelling, single-family detached."
A plan meeting the requirements of § 140-150 of this chapter.
A solar energy system that is ground-mounted, produces energy
primarily for the purpose of on-site use, and does not exceed 1,000
square feet in total area, as measured by the entire surface area
of the solar panels regardless of the method by which the panels are
supported or attached to the ground, or the angle at which they are
placed.
[Added 6-26-2019 by L.L.
No. 4-2019]
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 6-26-2019 by L.L.
No. 4-2019]
An electrical generating system composed of a combination
of both solar panels and solar energy equipment. All solar energy
systems shall be designed and located in order to prevent or minimize
reflective glare toward public highways and any inhabited buildings
on adjacent properties and roads.
[Added 6-26-2019 by L.L.
No. 4-2019]
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
[Added 6-26-2019 by L.L.
No. 4-2019]
The land located in the one-hundred-year floodplain, designated
as Zones A and A1-99 on the Flood Insurance Rate Map; commonly referred
to as the "base floodplain" or the "one-hundred-year floodplain."
A building in which any horses are kept for remuneration,
hire or sale.
An area with a slope that exceeds 15%.
A small freestanding structure used to store garden equipment,
lawn mowers, bicycles, tools, and other equipment that are primarily
used outdoors.
That portion of a building, including a basement, between
the surface of any floor and the surface of the floor next above;
also, any portion of a building used for human occupancy between the
topmost floor and the roof. A "half story" shall include that part
of a building between a pitched roof and the uppermost full story,
having a ceiling height of seven feet or more for not exceeding 1/2
the floor area of such full story.
A public or private way, square or lane, having a right-of-way
at least 40 feet in width, permanently open to common and general
use, which affords the principal means of access to abutting property;
provided, however, that any such way, square or lane which has a right-of-way
at least 20 feet in width and which existed prior to September 24,
1957, shall be considered a "street."
The length along the right-of-way line of any public street.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams and girders, or in the dimensions
or configurations of the roof or exterior walls.
Anything constructed or erected which requires temporary
or permanent support or attachment to the ground, beneath the ground
or to something having permanent location on the ground, including
gasoline and oil tanks, buildings, mobile homes, fences and billboards.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or before
the damage occurred, if the structure has been damaged and is being
restored. This term does not include any project for improvement of
a structure to comply with state or local building, fire, health,
sanitary or safety code specifications that are solely necessary to
assure safe living conditions or any alteration of any structure or
contributing structure listed on the National Register of Historic
Places or the State Inventory of Historic Places.
The extraction of stone, sand, gravel or topsoil for sale,
as an industrial operation, and exclusive of the extraction of stone,
sand, gravel or topsoil solely in furtherance of on-site construction
projects which are permitted uses in the district in which they are
to be undertaken and for which a building permit has been lawfully
issued.
See "dwelling, two-family."
A fruit or vegetable-growing farm that provides the opportunity
for customers to pick their own fruits or vegetables directly from
the plant.
The authorization, which may be granted only by the Zoning
Board, for certain deviations from the requirements of this chapter.
Engine repair, body work, frame straightening, painting,
upholstering, steam cleaning, electrical work, tune-ups and all other
passenger vehicle repair activities not specifically listed in the
definition of "vehicle service station."
Any building, land area or other premises used for the display
or sale of new or used automobiles, motorcycles, trucks, trailers
or boats, but not including any repair work other than warranty and
other repair service conducted as an accessory use on such premises.
A permanent sales office building shall be located on the same lot
as the vehicle sales.
Any building, land area or other premises, or portion thereof,
used or intended to be used for any one or a combination of the following
activities:
Retail dispensing or sales of automobile fuels.
Retail dispensing or sales of automobile lubricants, including
oil changing and chassis lubrication where substantial disassembly
is not required.
Retail dispensing or sales of automobile coolants.
Hand or machine washing in a single-bay auto wash.
Incidental repair or replacement of parts, such as windshield
wiper blades, lights bulbs, air filters, oil filters, batteries, belts,
tires, fuses and the like.
Vehicle wrecking, vehicle repair, muffler/exhaust systems, parking
or storing of vehicles for hire, and the operation of more than one
towing vehicle shall not be deemed permissible accessory uses of a
"vehicle service station."
Any outdoor area used for the storage of vehicles.
The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled or wrecked vehicles
or their parts.
One or more mechanical devices, such as wind chargers, windmills
or wind turbines, which are designed and used to convert wind energy
into a form of useful energy.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics, with
a rated capacity greater than 250 kilowatts, a total height of more
than 150 feet, not to exceed 450 feet, and intended solely to supply
electrical power into a power grid for sale.
A wind energy conversion system, consisting of one wind turbine,
one tower, and associated control or conversion electronics, which
has a rated capacity of not more than 250 kilowatts and a maximum
total height of 150 feet.
A facility serving and subordinate in area, extent and purpose
to, and on the same lot as, a telecommunications tower or antenna
location. Such facilities include but are not limited to transmission
equipment, storage sheds, storage buildings and security fencing.
Facilities for the provision of commercial mobile services,
unlicensed wireless services and common carrier wireless exchange
access services, including but not limited to antennas, telecommunications
towers and accessory facilities.
An open space on the same lot with a building or structure.
An open space extending the full width of the lot between
the building and the edge of the right-of-way, unoccupied and unobstructed
by buildings or structures from the ground upward, the depth of which
shall be the least distance between the front lot line and the front
of the main front building line. On corner lots, the front yard shall
be both yards that front on the streets.
An open space extending along all lot lines other than the
front lot line, unoccupied and unobstructed by buildings or structures
from the ground upward, the depth of which shall be determined by
the minimum side/rear yard setback of the district.
An official finding that a planned use of property, as indicated
by an application, complies with the requirements of this chapter
or meets special conditions of a variance or special permit.
