This chapter shall be known and cited as the "Town of Williamson
Zoning Ordinance."
The intent of this chapter is to establish comprehensive controls
for the development of land in the Town of Williamson, Wayne County,
New York, based upon the adopted Comprehensive Plan for the municipality
and enacted in order to promote and protect the health, safety, comfort,
convenience and the general welfare of the people.
A.Â
Such regulations shall be made in accordance with the Comprehensive
Plan and designed to:
(1)Â
Enhance quality of life.
(2)Â
Secure safety from fires, flood, panic and other dangers.
(3)Â
Promote the health and general welfare.
(4)Â
Provide adequate light and air.
(5)Â
Ensure appropriate use of lands.
(6)Â
Facilitate the provisions for transportation, water, sewerage, schools,
parks and other public requirements.
B.Â
Such regulations shall be made with reasonable consideration, among
other things, as to the characteristics of the district and its peculiarities
for particular uses and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout the Town.
A.Â
Interpretation; conflict with other laws. In their interpretation
and application, the provisions of this chapter shall be held to be
minimum requirements, adopted for the promotion of the public health,
morals, safety or the general welfare. It is not intended to interfere
with or abrogate or annul other rules, regulations or ordinances,
provided that, whenever the requirements of this chapter are at variance
with the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or that imposing the higher standards
shall govern.
B.Â
Severability. Should any section, subsection, sentence, clause, phrase
or provision of this chapter be decided by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the chapter
as a whole or any part thereof other than the part so decided to be
unconstitutional or invalid.
C.Â
Repealer. The existing Zoning Ordinance adopted by the Town Board
of the Town of Williamson on May 15, 1956, and all amendments thereto,
are hereby repealed as of the effective date of this chapter.
D.Â
Savings clause. The adoption of this chapter shall not affect or
impair any act done or offense committed or right accrued or acquired,
or liability, penalty, forfeiture or punishment incurred prior to
the time this chapter takes effect under the chapter relative to use
districts in said Town adopted May 15, 1956, and all subsequent amendments
thereto; but the same may be enjoyed, asserted, enforced, prosecuted
or inflicted as fully and to the same extent as if this chapter had
not been adopted; and all sections and proceedings commenced under
or by virtue of said former chapter and amendments thereto and pending
at the time this chapter takes effect may be prosecuted and defended
to final effect in the same manner as they might have been if this
chapter had not been adopted.
E.Â
When effective. This chapter shall take effect 30 days from the date
of adoption.
For the purposes of this chapter, all terms used in the present
tense include the future tense. All terms in the plural number include
the singular number, and all terms in the singular number include
the plural number, unless the natural construction of the term indicates
otherwise. The term "person" includes a firm, association, organization,
partnership, trust, company or individual. The term "shall" is mandatory
and directory. The term "may" is permissive. The term "used" includes
the terms "designated, intended or arranged to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
Any person 18 years of age or older.
The use of land and structures for the commercial production,
preservation, nonindustrial processing, storage and sale of agricultural
commodities such as crops, plants, flowers, vines, trees, sod, shrubs,
livestock, compost, poultry or dairy products, not including agricultural
industry, feedlots, or farms primarily used for disposal of garbage
or animal by-products.
Farm-related enterprises that operate for the enjoyment and
education of the public, which bring together tourism and agriculture.
Enterprises include those that are for-profit and those that are provided
free of charge to the public.
A tract of land used for landing and takeoff of aircraft,
not operated for profit or as a commercial business.
A narrow service street or passage less than 22 feet between
properties or buildings.
To change, rearrange, enlarge or decrease the structural
parts or size or the exit facilities of a structure or to move a building
from one location or position to another.
As applied to a building or structure, a change or rearrangement
in the structural parts of a building or an enlargement, whether by
extending on the front, rear or on a side, or by increasing the height,
or the moving of such structure from one location or position to another.
Large animals that are not pet or small animals and typically
not residing within the principal residence. Large animals include
but are not limited to any equine animal, including but not limited
to a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack,
or jennet; any species of the bovine family, including but not limited
to any cow, calf, steer or bull; and any large reptile, pig, hog,
boar, llama, sheep, ram, ewe, or lamb; any goat, billy, nanny, or
kid; or an emu, ostrich, or rhea.
An animal with behavior, life cycle, or physiology systemically
altered as a result of being under human control and companionship
for many generations and that typically but not always resides in
the principal residence. Domesticated animals include but are not
limited to dogs, cats, ferrets, birds, guinea pigs, hamsters, mice,
rats, reptiles, amphibians and fish.
Small animals that are not pet or small animals and typically
do not reside within the principal residence. Small animals include
but are not limited to squirrels, chipmunks, wild rodents, snakes
and other small reptiles, frogs/toads and other small amphibians and
nondomesticated birds.
A system of electrical conductors that transmits or receives
radio frequency waves. Such waves shall include but are not limited
to radio navigation, radio, television, and microwave communications.
An antenna with a curved surface in the shape of a parabola
used to direct radio or other communications waves.
A room or suite of two or more rooms designed or used solely
as a residence in a building not used as a hotel, rooming house or
boardinghouse or for other transient occupancy. The terms "apartment"
and "apartment building" shall not be deemed to include a hotel, motel,
automobile court, bed-and-breakfast, tourist home, furnished rooming
house, dormitory, boarding home, convalescent home, rest home, nursing
home or other accommodation used for transient occupancy.
Any structure divided into four or more individual residential
apartments which share a common entrance and hallway or a walk-up
style apartment which has its own exterior entrance.
More than one apartment building, divided into three or more
apartments, designed or used solely for residential purposes, detached
and grouped together on a single parcel.
A prominent or significant part or element of a building,
structure or site.
A building or structure, including but not limited to community
centers, halls, granges or pavilions, where groups or individuals
voluntarily meet to pursue their common social, educational, religious,
recreational, or other interests, but not including an association
or group organized to render, purchase or otherwise make use of a
service customarily carried on as a commercial enterprise. For the
purposes of this definition, assembly uses do not include temporary
festivals, animal shows and similar outdoor events, or conference
centers/convention centers.
Any flag, streamer, spinner, light, balloon or similar device
or ornamentation used for purposes of attracting attention for promotion.
A movable, ornamental, roof-like protective cover over a
door, entrance, window or outdoor service area that projects from
the face of a structure and is constructed of durable materials, including
but not limited to fabrics and/or plastics.
A piece of material, typically cloth, bearing a motto, legend
or advertisement.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption during any period
of the day as permitted by law. Such an establishment is subject to
the regulatory authority of the New York State Liquor Authority. The
incidental sale or provision of food or snacks shall not entitle such
a use to be considered a restaurant under other provisions of this
Code.
A building on a farm or farmette used for the storage of
farm products, including feed, equipment, machinery, or vehicles,
and/or the stabling and sheltering of animals.
A private residence in which no more than five rooms are
set aside for overnight guests whose paid accommodations include breakfast.
An earthen construct designed to provide visual interest,
screen undesirable views and/or decrease noise.
A designated location on a body of water that is for the
purpose of launching or placing a boat in the water. Boat launches
may be located at marinas, public access points, or at community and
commercial docks and are subject to applicable regulations. "Boat
launch" shall also include boat ramps.
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docking area,
and parking spaces for vehicles and trailers.
An establishment for the manufacture of over 15,000 barrels
of malt liquors, such as beer and ale, per calendar year.
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other and/or to protect
wildlife habitats, wetlands, stream corridors and other significant
environmental features.
The space remaining on a lot after the minimum open space
requirements (coverage, yards, setbacks) have been met.
Any structure generally considered to be permanent, which
is affixed to the land, wholly or partially enclosed within exterior
walls and a roof, affording shelter to persons, animals, property
or business activity.
The width of a building facing a street or public parking
lot; in the case of a corner lot, it may be either frontage, at the
option of the applicant. Where a mall exists, "building frontage"
shall mean that portion of the building perimeter facing a street
or designated parking areas; in the case of two such perimeters, it
may be either frontage, at the option of the applicant.
The vertical distance measured from the mean elevation of
the proposed finished grade on all sides of the building to a point
midway between the highest and lowest point of the roof, but not including
chimneys, spires, towers, tanks and similar objects.
See "setback line."
Multistory buildings which include both residential and commercial
uses, integrated in a compatible fashion, generally with residential
uses located on upper stories.
A lawfully preexisting building which, in its design or location,
does not conform to the regulations of this chapter for the district
in which it is located.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business, in part or in
whole, will be classed as an "office building."
That permit issued by the Building and Zoning Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and all other requirements under
this chapter for the district in which it is located, and stating
that all construction, relocation or extension of buildings is in
compliance with the provisions of this chapter, § 1203.3(b)
of the New York State Uniform Code,[1] and with New York State Fire and Building Code and other
regulations.
A building in which is conducted the main use of the lot
on which said building is located.
Any building or structure used for municipal, civic, ecclesiastical,
recreational or other purposes, not used for enterprise.
That portion of the lot or parcel of land upon which a building
and appurtenances are to be placed or are already existing, including
adequate areas for sewage disposal, clearances, proper drainage, appropriate
easements, and, if applicable, the requirements of other ordinances
of the Town of Williamson.
Any lot, parcel or tract of land on which two or more camp
or travel trailers, tents or similar structures are located or parked
for transient use, regardless of whether or not a charge is made for
such accommodations.
Any permanent awning or shelter with no support from the
sidewalk which projects from a building facade and which extends along
the entire building frontage.
An establishment for the washing of motor vehicles as a principal
use.
Land used or intended to be used for the incineration and/or
interment of deceased human remains and dedicated for such purpose,
including columbaria, crematories, mausoleums or mortuaries when operated
within its boundaries.
Official certification that a premises conforms to the provision
of the Zoning Law, Building Code, and other applicable regulations
and may be used or occupied.
See "place of worship."
See "outpatient health center."
See "assembly use."
A development pattern in which uses are grouped or "clustered" through a density transfer within a particular development, rather than spread evenly throughout a parcel as in conventional lot-by-lot development, for the purposes of preserving the natural and scenic qualities of open lands. It allows for an alternative method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands. Cluster developments are subject to § 278 of the Town Law as well as the regulations set forth in Chapter 152, Subdivision of Land.
The Comprehensive Plan adopted by the Town Board for the
future preservation and development of the Town of Williamson, including
any part of such plan separately adopted and any amendments to such
plan.
See "dwelling, townhouse."
Complying with the use, density, dimensional and other standards
of this chapter.
An unenclosed portion of the lot or parcel upon which a construction
contractor maintains its principal office or a permanent business
office. The unenclosed lot area may be used to store and maintain
construction equipment and other materials customarily used in the
trade carried on by the construction contractor.
A small retail store that is open long hours and that typically
sells staple groceries, snacks, and sometimes gasoline.
A change in use or occupancy of a building, generally by
alteration or by other reorganization as to increase the number of
families or dwelling units in a structure.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
The percentage of the lot covered by the aggregate area of
all buildings or structures on the lot.
A street, lane or alley with an intersection on one end and
a closed turning area or roundabout on the other.
Any building, room or area designed or utilized primarily
for the presentation to the general public of live theater, dance
performances, musical concerts, cinema, lectures, exhibits of various
art forms or exhibits of cultural, historic, academic or scientific
material.
Includes all services performed on a farm in connection with
cultivating the soil, in handling, planting, drying, packing, processing,
grading or storing any agricultural commodity; but only if such service
is performed in the employ of an operator of a farm as an incident
to his farm operation and, in the case of fruits and vegetables, as
an incident to the preparation of his product for market. The term
does not include services performed in connection with commercial
canning or freezing.
A licensed commercial establishment providing or designed
to provide day care for five or more persons on a regularly scheduled
basis. Also see § 390, Subdivision 1(c), of the Social Services
Law of the State of New York.
An occupied family residence providing licensed day care
for three to six children for more than three hours per day. See § 390,
Subdivision 1(e), of the Social Services Law of the State of New York.
A street or portion of a street with only one vehicular traffic
outlet and no turning area or roundabout at the closed end of the
street (see "cul-de-sac").
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
The act or process of wrecking, completely destroying or
removing an existing structure from a site.
The required land area for each dwelling unit (DU) within
a given parcel of land, such as a minimum density of 2,000 square
feet of land area for each dwelling unit.
The measure of the quantity of a particular use allowed at
a particular location. The four basic measures include dwelling units
per acre, minimum lot sizes, floor area ratio (FAR), and maximum height
restrictions.
A facility for the distillation of grains and fruits into
alcohol. This includes manufacturing, bottling, and sale to a wholesaler.
The on-site sale of products produced on site is permitted.
See "zoning district."
A structure projecting from or along the shore into the water
of a lake, pond, river, stream, creek or other navigable body of water,
and including piers and wharfs, used as a berthing place for boats
to load or unload.
A fixed structure projecting from or along the shore into
the water of Lake Ontario or its tributaries that remains in the lake
for more than eight months of the year, including docks and piers
used as berthing places for boats.
A structure constructed to cater to the motoring public,
whether or not serving pedestrians as well as automobile trade, and
used for the sale to the public of any product and providing curb
or window service.
A private road, drive or roadway giving access from a public
way, road or highway to abutting grounds.
An establishment used to clean articles or goods of fabric
to be subjected to the process of dry cleaning, dyeing or stain removal.
A dry-cleaning facility includes the cleaning of fabric on site using
the dry-cleaning process.
An establishment used to collect and distribute articles
or goods of fabric to be subjected to the process of dry cleaning,
dyeing or stain removal at an off-site dry cleaning facility location.
The keeping of vessels on land, excluding vessels owned by
and registered to the property owner upon which the vessel sits, and
excluding vessels awaiting repairs for a period of up to seven days,
and further excluding vessels displayed as part of a vessel sales
operation.
See "dwelling, townhouse."
A dwelling containing separate living units for three or
more families, but which may have joint services and facilities.
A single-family dwelling separated by a party wall from only
one adjacent dwelling unit.
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single, nonprofit housekeeping unit. The
dwelling can consist of a modular home, or a lumber-constructed home
on a permanent foundation, cellar, or basement.
A dwelling accommodating or designed to accommodate a single
family in a single dwelling unit, the walls on two sides of which
may be in common with the walls on an adjoining dwelling and are party
or lot-line walls. The real property title and ownership of the building
and property are vested in an owner having an undivided interest with
others in the common usage areas and facilities which serve the project.
Administration and maintenance of common usage areas and facilities
must be provided.
A lot which is subdivided into privately owned parcels to
create a project of townhouse or townhome units, which may consist
of one or more buildings, attached or detached.
A building containing two dwelling units and used or intended
to be used exclusively for occupancy by two families living independently
of each other, or two single-family dwellings having a party wall
in common.
One or more rooms constituting a separate, independent housekeeping
unit for ownership or lease or rent, designed for occupancy by one
family and physically independent of any other group of rooms or dwelling
units which may be in the same structure, and containing independent
cooking, sanitary, and sleeping facilities.
A self-contained housing unit incorporated within or detached from an owner-occupied single-family dwelling that is clearly a subordinate part of the single-family dwelling and complies with the regulations found in § 178-25.
The authorization by a property owner for use by another,
for a specified purpose, of any designated part of such property by
legally recorded instrument.
A perpetual restriction on the use of land for the purposes
of conserving open space, agricultural land and natural, cultural,
historic, and scenic resources.
An electric charging station for charging electrical vehicles.
For the purpose of determining off-street parking requirements,
the greatest number of persons to be employed or capable of employment
during any one work period during day or night.
The New York State Energy Conservation Construction Code,
as currently in effect and as hereafter amended from time to time.
A person licensed as a professional engineer by the State
of New York.
Any activity which removes or significantly disturbs rock,
gravel, sand, soil or other natural deposits.
A direct entrance from a public way to a habitable or tenantable
space.
One person, or a group of two or more persons, living and
cooking together in the same dwelling unit as a single housekeeping
entity. A roomer, boarder, lodger or occupant of supervised group
quarters shall not be considered a member of a family.
As defined by the New York State Department of Agriculture
and Markets, land used in agricultural production. To be considered
a farm, the property must be eight or more acres with gross sales
of $10,000 or more in the preceding two years or have less than eight
acres and average gross sales of more than $50,000 in the preceding
two years. Farms shall be subject to the bulk and use regulations
listed under "agriculture."
A public market at which multiple farmers and often other
vendors sell produce directly to public consumers.
A commercial farming operation on a residential parcel where
the residential use is the primary use of the parcel. The farming
operation is the secondary use and is not the primary income source
of the residential property owner.
A camp where the buildings and structures are used or designed
to be used as temporary living or sleeping quarters primarily for
the housing of migrant farm laborers and their families. A farm labor
camp may include a manufactured home or homes.
An enclosed permanent structure used to sell agricultural
products, the retail sales area of which shall not exceed 6,000 square
feet; however, accessory growing structures (greenhouses) open for
retail sales will not be counted as retail space for the purpose of
this definition, provided that the principal farm market and said
accessory structures maintain a fifty-foot setback. These accessory
structures may be attached to or separate from the farm market structure.
Farm markets also may be used for limited sales of processed foods
and nonfood items as well as horticultural products, beverages, candy,
dairy products (i.e., ice cream and frozen desserts), bakery products
produced on site, souvenirs and handcrafted items. The sale of hot
and cold sandwiches, including hot dogs and hamburgers, soups, salads
and desserts, composed in part of ingredients produced on the farm
is permitted. Catering services shall not be permitted.
A temporary structure or farm wagon no more than 150 square
feet in size that's use is accessory to the primary use of the
property and is used to sell raw, unprocessed fruits, vegetables,
nuts, honey, maple syrup and other agricultural produce in its raw
or natural state, at least 75% of which was grown on the premises.
Cider and jams/jellies may also be sold.
An industry on a limited area and where less than 10% of
the weight of feed consumed by animals is grown on the premises.
A lot or building or combination of lots or buildings intended
for the confined feeding, breeding, raising, holding and/or slaughtering
of animals specifically designed as a confinement area in which the
concentration of animals is such that a vegetative cover cannot be
maintained within the enclosure. Open lots used for feeding and rearing
poultry are considered feedlots. Pastures are not considered animal
feedlots.
A barrier or natural vegetative growth of fabricated materials
placed or arranged as a line of demarcation between parcels of land
or to enclose a lot or part of a lot.
Any fabric, banner or bunting, containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
An official map of the community published by the Federal
Emergency Management Agency as part of a riverine community's
Flood Insurance Study. The Flood Boundary and Floodway Map delineates
a regulatory floodway along watercourses studied in detail in the
Flood Insurance Study.
The flood elevation that has a one-percent chance of being
equaled or exceeded each year (the one-hundred-year flood could occur
more than once in a relatively short period of time).
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of streams,
rivers or other inland areas of water; or abnormally high tidal water
or rising lake waters resulting from severe storms, hurricanes or
tidal waves.
Flat or nearly flat land adjacent to a rivulet, brook, creek,
kill, stream or river that stretches from the banks of its channel
to the base of the enclosing valley walls and experiences flooding
during periods of high discharge.
The sum of the horizontal areas of the floor(s) of a structure
enclosed by exterior walls, plus the horizontal area of any unenclosed
portions of a structure, such as porches and decks.
The ratio between total floor area permitted in any district
and the total site area. The floor area of the building considered
for the computation of floor area ratio shall be restricted to those
levels above the surface of the ground and shall not include any basement
or garage spaces under the surface. Garage facilities above the surface
shall be included in the computations. Where the ground level changes
a full story height or more along a building facade, the floor area
of such story shall be prorated in proportion to the average story
height above grade. Total site area shall be the entire site within
the property lines of any development.
See "industry, light."
The area of the ground covered by a structure, including
the foundation and all areas enclosed by exterior walls and footings
and covered by roofing.
That side of a lot abutting on a street or right-of-way and
ordinarily regarded as the front of the lot, but it shall not be considered
as the ordinary side line of a corner lot.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
A building or indoor space in which to park or keep a motor
vehicle, which is connected to the primary structure.
A building or indoor space in which to park or keep a motor
vehicle, which is disconnected from the primary structure and surrounded
completely or partially by open space. See also "building, accessory."
Any garage other than a private residential 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.
The sale of personal property conducted in or near a residence,
under cover or partially under cover or completely outside of any
building, in the open. The term shall include garage sales, lawn sales,
porch sales, patio sales, rummage sales or other similar sales which
are advertised by a sign or other means, for the public to attend.
See "greenhouse, commercial."
See "motor vehicle service station."
See "motor vehicle service station."
An area primarily used for the play of golf, including nine-
and eighteen-hole courses and driving ranges.
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
The elevation at which the finished surface of the surrounding
lot intersects the walls and supports of a structure.
An establishment or place of business primarily engaged in
retail sales from the premises including trees, shrubs, seeds, fertilizers,
pesticides, plants and plant materials. Such establishments typically
sell products purchased from others but may sell material which they
grow themselves. It is also referred to as a "garden center."
A structure, primarily of glass, in which temperature and
humidity can be controlled for the cultivation or protection of plants,
fruits or vegetables, which is accessory to the main use of the property.
Products from the greenhouse are produced for the sole purpose of
the private property and cannot be sold to the general public for
commercial gain.
An establishment engaged in the growing of trees, shrubs,
seeds, fertilizers, pesticides, plants and plant materials for the
sole purpose of offering them for wholesale purchase.
Any nonimpervious vegetated surface.
The vertical distance measured from the mean elevation of
the finished grade along the side of the building with the lowest
finished grade to the highest point on the coping of flat roofs, to
the deckline of mansard roofs, and to the average height between eaves
and ridge for gable, hip and gambrel roofs, but not including chimneys,
spires, towers, elevator penthouses, tanks and similar projections.
An area containing buildings or places in which notable historic
events occurred or having special public value because of notable
architectural or other features relating to the cultural or artistic
heritage of the area, of such significance as to warrant conservation
and preservation.
A site or structure which may not be included in an historic
district but which has an important historic, architectural or cultural
significance to the Town of Williamson, region, state, or nation.
An historic site may be locally designated or listed or eligible for
listing on the State and/or National Register of Historic Places.
Any structure that is individually listed or eligible for
listing on the State or National Register of Historic Places or that
has been determined to meet the requirements for listing on the National
Register as defined by the Secretary of the Interior, or any structure
individually listed on a local inventory of historic sites.
See "farmette."
A profession or other occupation customarily conducted within a dwelling by one or more members of the family residing therein and clearly incidental, accessory and secondary to the residential use of the property. An occupant must be the principal practitioner of the home occupation. Home occupations should not be deemed to include telecommuters. Home occupations are subject to the regulations found in§ 178-42.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, and shall
be limited to the treatment or care of humans. Hospitals typically
include facilities that provide substantial emergency treatment, surgery
and extended inpatient care.
An establishment for temporary occupation by sick or injured
animals for the purpose of medical diagnosis and treatment, and shall
exclude the treatment or care of humans.
A commercial establishment providing lodging, meals, and
other guest services. A hotel or motel establishment must have a minimum
of 15 individual guest rooms, which must have attached (ensuite) private
bathroom facilities. A hotel/motel may or may not provide internal
hallway access to all guest rooms.
Any roofed or other solid structure or material covering
the ground through which water does not readily penetrate, including
but not limited to concrete, oil and stone, tar or asphalt pavement,
or compacted gravel. Regardless of the construction materials, any
area which is used for driveway or parking purposes, including disturbed
grass, ground cover or dirt, shall be considered impermeable.
The ratio between impermeable surface and total land area
of a lot expressed as the percentage of land covered by impermeable
surfaces.
The storage, repair, manufacture, preparation or treatment
of any article, substance or commodity whatsoever, including the operation
of commercial garages.
Any factory, shop, yard, warehouse, mill or other nonresidential premises utilized in whole or in part for the processing, preparation, production, containerizing, storage or distribution of goods, wares, commodities, parts, materials, electricity and the like. The processing, preparation and production activities customarily deal with man-made or raw materials and other manufactured items which are altered, restored or improved by the utilization of biological, chemical or physical actions, tools, instruments, machines or other such similar natural, scientific or technological means. Heavy industry shall also include the handling of any waste products and materials. These uses are likely to generate significant levels of truck traffic, noise, pollution, vibration, dust, fumes, odors, radiation, radioactivity, poisons, pesticides, herbicides, or other hazardous materials, fire or explosion hazards, or other undesirable conditions, all of which are subject to the performance standards found in § 178-56. Heavy industrial processes and treatments include but are not limited to such operations as mixing, crushing, cutting, grinding and polishing; casting, molding and stamping; alloying and refining; assaying, cleaning, coating and printing; and assembling and finishing.
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail from previously prepared materials,
parts, or finished products. Such operations are characterized as
lower in intensity, cleaner, and generally more compatible when located
adjacent to commercial and residential areas than heavy industrial
operations. Light manufacturing operations have limited external effects
of the manufacturing or assembly process, such as odors, vibrations,
emissions, or other nuisance characteristics, through prevention or
mitigation devices and conduct of operations within the confines of
buildings. Typical items for processing, fabricating, assembly, or
disassembly under this use include but are not limited to apparel,
food, drapes, clothing, accessories, bedspreads, decorations, artificial
plants, jewelry, instruments, computers, and electronic devices. It
also includes machine shops, which are buildings used for the purpose
of fabricating metal parts for various applications.
A commercial facility for the housing and feeding of transients,
containing more than five rooms and fewer than 15 rooms. Access to
each room is provided internal to the building. The facility may have
an ancillary use, such as a restaurant or bar.
A lot, land or structure or part thereof of over 200 square
feet in area, used primarily for the collecting, storage and/or sale
of wastepaper, rags, scrap metal or discarded materials, or the collecting,
dismantling, storage or salvaging of machinery or vehicles not in
running condition and for the sale of parts thereof, except as accessory
to a principal industrial use of the lot. Two or more motor vehicles
stored outside of the building shall be deemed to constitute a junkyard
if each vehicle meets at least one of the following characteristics:
it is not in operating condition; or it is unregistered; or it is
uninspected; unless the vehicles are stored accessory to a vehicle
sales area, automobile wrecking business, parking garage, motor vehicle
service station or a principal industrial or agricultural use. For
example, one unregistered vehicle together with one uninspected vehicle
on the same lot shall constitute a junkyard.
A premises on which four or more dogs or four or more cats
more than four months old are kept. Owning and/or keeping said quantities
of animals is regulated as a commercial kennel, even if it is a personal
activity and is not done for money. Kennels on the premises of an
animal or veterinary hospital shall be ancillary to the principal
use of "animal/veterinary hospital." The term "kennel" includes both
of the following:
Any establishment for the boarding, training, or breeding of
dogs or cats for which a fee is charged. Such establishments may include
incidental grooming or sale of pet supplies.
Any lot smaller than one acre where three or more dogs, not
including dogs less than four months of age, are kept for any purpose.
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including ponds.
Materials including, without limitation, grass, ground cover,
shrubs, vines, hedges or trees and nonliving natural materials commonly
used in landscaped development.
A person licensed as a land surveyor by the State of New
York.
Any permitted land use which can be expected to generate
more than 300 vehicular trips per day.
See "laundry, self-serve."
A business that cleans clothing or which is equipped with
individual clothes washing and drying and/or cleaning machines for
the principal use of retail customers. The use may or may not include
a dry-cleaning outlet.
Any picture, shape or drawing, with or without letters or
words, used to identify a product, service, business or organization.
A parcel of land distinguishable from other parcels by deed,
record, or survey map, or as described by metes and bounds, and intended
for transfer of ownership or for building development. For purposes
of this chapter, the term does not include any portion of a dedicated
right-of-way.
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a public street right-of-way
shall not be included in calculating lot area.
A lot, the rear boundary of which abuts on the side lot line
of an adjacent lot.
A lot abutting upon two or more streets at their intersection
or upon two parts of the same street, such streets or parts of the
same street forming an interior angle of less than 135º. The
point of intersection of the street right-of-way lines is the "corner."
That proportion of the area of a lot which is covered by
principal and accessory structures. The area of an enclosed structure,
for the purposes of calculating coverage, shall be taken as all that
horizontal area within outside walls. The projection of cornices,
eaves, and other similar architectural projections shall not be included
in the calculation of coverage. Coverage shall include all principal
and accessory buildings, including dwellings, garages, carports, greenhouses,
bath houses, enclosed patios, and equipment and tool sheds. Coverage
shall not include areas paved at grade for driveways, walkways, uncovered
parking, uncovered or unenclosed swimming pools, walls or fences,
covered but unenclosed patios, or structures used for beautification
or landscaping, such as arbors, trellises, and flagpoles.
The mean horizontal distance between the front and rear lot
lines, measured at right angles to the front lot line.
A lot with its widest point set back from the road at the
rear of another lot (called the "flag"), and having a thin strip of
land connecting to the road to provide legal access and frontage (called
the "stem"). The stem of the lot requires a minimum of 20 feet of
legal frontage along a public right-of-way.
The established division line between different parcels of
property.
The line separating the lot from the edge of the public right-of-way.
The lot line opposite and most distant from the front lot
line.
Any lot line other than a front or rear lot line. A side
lot line separating a lot from a street is called a "side lot line."
A lot line separating the lot from the edge of the public
right-of-way.
A lot, the area, dimensions or location of which was lawful
at the time the lot was created, but which fails to conform to the
current standards and regulations due to the adoption, revision or
amendment of this chapter.
A lot that extends between two parallel streets.
The mean width measured at right angles to the front lot
line or, for wedge-shaped lots, flag-shaped lots or lots with side
boundary lines not perpendicular to the front lot line, the width
measured at the required minimum front setback.
A building or collection of buildings used for the purposes
of selling, servicing and repairing machinery and transportation equipment.
For the purpose of uses permitted by district, such a use shall be
considered "industry, heavy."
A place of business that engages in the repair or fabrication
of machinery, equipment, or parts thereof. For the purpose of uses
permitted by district, such a use shall be considered "industry, light."
A street that serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy-traffic-generating areas.
A structure consisting of a steel frame that has been partially
or entirely constructed at another location and moved onto a manufactured
home park property, constructed under a Federal Building Code administered
by the Department of Housing and Urban Development (HUD) that went
into effect June 15, 1976.
See "industry, heavy."
See "industry, light."
Any arrangement that includes but is not limited to piers,
slips, mooring piles, wharves or buoys emplaced in the water and on
abutting land and which is intended to be used for the berthing, storing,
mooring, securing, servicing, repairing, selling or trading, or renting
of vessels and is not a private or community pier and mooring. Such
an establishment may include dining or other facilities and services
associated with water activities and leisure/entertainment.
Any permanent awning or shelter with no support from the
sidewalk which projects from a building facade and which does not
extend along the entire building frontage.
The sense of bulk, size, and shape of a structure, usually
perceived by reference to the surrounding space and nearby structures
and natural features such as trees.
A brewery that produces no more than 60,000 barrels of beer
or other malt beverages per calendar year as regulated under the New
York State Alcoholic Beverage Control Law and which may sell to licensees
but may not sell to the general public without a brewer's retail
permit. A microbrewery may also possess an on-premises liquor license
for the sale, tasting and/or consumption of product.
A distillery producing less than 35,000 proof-gallons of
liquor per calendar year as regulated under the New York State Alcoholic
Beverage Control Law.
A development or redevelopment that allows for more-dense
development in a single structure or lot and includes a mixture of
uses, including but not limited to residential, commercial and industrial.
A mixed-use development may contain one or more mixed-use buildings.
Any home constructed of premade parts and unit modules that
are transported on a flatbed truck from the factory to the building
site where they are permanently anchored onto a foundation. Modular
homes shall be approved by the New York State Department of Homes
and Community Renewal. Modular homes are subject to the local building
codes where they are constructed. Modular homes are subject to the
regulations of whichever style of home they are designed to be, i.e.,
single-family home, multifamily home, etc.
Includes but is not limited to:
A place where vessels are secured, other than a pier;
A chain, line, or other device by which a vessel is secured
in place and which is not carried aboard the vessel as regular equipment
when underway; or
The process of securing a vessel by means of chains, lines or other devices as described in Subsection B above.
See "place of worship."
See "hotel/motel."
See "motor 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.
The on-premises repair, maintenance, improvement and general
servicing of self-propelled vehicles, including gasoline service stations,
car wash facilities, body and fender shops, self-service gas pumps
and any and all types of similar facilities, whether automatic or
attendant-managed. Motor vehicle service stations may include convenience
stores as an accessory use, pursuant to a special use permit procedure.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A building containing one or more screens on which motion
pictures are projected for recreation purposes. A movie theater does
not include theaters that show pornographic or other adult-oriented
motion pictures.
Artwork painted directly on an exterior wall, ceiling or
other large permanent surface that is external to the structure.
Any room, space, or premises operated as a commercial establishment
in which eating and/or drinking takes place, where alcoholic beverages
are served subject to the regulatory authority of the New York State
Liquor Authority, and where the provision of entertainment is the
primary activity.
A structure that existed and was lawful at the time it was
constructed or laid out but would not be lawful under the requirements
of this chapter.
A use that existed and was lawful at the time it was initiated
but would not be lawful under the requirements of this chapter.
Includes but is not limited to fraternal organizations, hobby
societies, educational societies, historical societies, museums, hospital
auxiliary groups, church auxiliary organizations, student groups and
parent-teacher organizations.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operated on a regular basis.
See "residential care facility."
An area of land and/or water within a site designed and intended
for the use and enjoyment of residents of a planned development. Common
open space may contain such accessory improvements as are necessary
and incidental to the use of the common open space by the residents
of the planned development.
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed, or situated outdoors for the primary
purpose of combustion of fuel to produce heat or energy used as a
component of a heating system providing heat for any interior space.
A small private or public health facility that is devoted
to the care of outpatients and that is not used for substantial emergency
treatment, significant surgery or extended inpatient care.
A building site prepared by artificial means, including grading,
excavation or filling, or any combination thereof.
See "lot."
Any place, lot, parcel, or yard used in whole or in part
for storing or parking four or more motor vehicles under the provisions
of this chapter.
A multistory structure, unenclosed in whole or in part, publicly
or privately operated, designed for the parking of automobiles.
An area intended for use as an accessory off-street parking
facility not less than nine feet in width nor less than 20 feet in
length, having a clear height of not less than seven feet.
A parcel or tract of land dedicated, designated, or reserved
for public or private use. Parks and open space may include unimproved
lands as well as active recreational facilities, such as swimming
pools, play equipment, ballfields, court games, and picnic areas.
A building or part of a building devoted to presenting live
entertainment, where an admission fee may or may not be charged.
A specific use to which land, lots, buildings or structures
may be used, occupied or maintained under this chapter as a matter
of right.
Any request made in writing.
Any grid-tied photovoltaic system with a grid tie of more
than 12 kW.
Any grid-tied photovoltaic system with a grid tie of 12 kW
or less.
See "dock."
A building and, where applicable, its accessory buildings
and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings, lands and uses,
is maintained and controlled by a religious body organized to sustain
public worship.
A development in accordance with a single plan for compatible
land uses, subject to the rules and regulations of § 300-15
of this chapter.[2]
A map, drawing, or rendering of a subdivision that usually
contains narrative elements.
A drawing, in final form, containing all information or details
required by law and by these regulations to be presented to the Planning
Board for approval and which, if approved, may be duly filed or recorded
by the applicant in the office of the County Clerk, with a signed
copy provided to the office of the Town Clerk.
A drawing or drawings, clearly marked "preliminary plat" or "preliminary plan," showing the significant features of a proposed subdivision, as specified in Chapter 152 of the Williamson Town Code, submitted to the Planning Board for the purposes of consideration prior to submission of the plat in final form, and of sufficient detail to apprise the Planning Board of the layout of the proposed subdivision.
Those plats existing at the time of the enactment of this
chapter that have been filed in the office of the County Clerk, where
20% or more of the lots within the plat are unimproved.
Any adverse effect of man-made light, including sky glow,
glare, light trespass, light clutter, and decreased visibility at
night.
Excessive, displeasing human, animal or machine-created environmental
noise that disrupts the activity or balance of human or animal life.
The act or process of applying measures to sustain the existing
form, integrity, and material of a site, structure, or landmark and
its existing form and vegetative cover. Preservation may include initial
stabilization work, where necessary, as well as ongoing maintenance
of these elements.
The main or primary building or use on a lot.
See "lot line."
See "bar."
The erection, construction, alteration or maintenance by
public utilities or municipalities or other governmental agencies
of underground or overhead gas, electrical or water transmission or
distribution systems, including poles, wires, mains, drain sewers,
pipes, conduits, cables, fire alarm 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 or safety or general welfare, but not including
buildings or communications towers.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, and parks, as well
as the interior and areas surrounding public buildings.
A space designed and used for active and passive participatory
athletic and general recreation activities.
A business primarily devoted to the amusement of the general
public, such as bowling alleys, indoor amusement arcades and health
clubs. Incidental food service is also included.
The official list, maintained by the National Park Service
of the United States Department of the Interior, of historic resources
considered by that agency to be worthy of preservation.
The official list, maintained by the New York State Office
of Parks, Recreation and Historic Preservation, of historic resources
considered by that agency to be worthy of preservation.
See "place of worship."
Facilities used primarily for research, development and/or
testing of innovative information, concepts, methods, processes, materials
or products. This can include the design, development and testing
of biological, chemical, electrical, magnetic, mechanical and/or optical
components in advance of product manufacturing. The accessory development,
fabrication and light manufacturing of prototypes or specialized machinery
and devices integral to research or testing may be associated with
these uses.
A building or portion thereof wherein the owner and/or proprietor
is compensated for furnishing lodging and varying amounts of custodial
care to three or more persons by reason of them being elderly, handicapped,
bedfast, chronically ill, impaired, convalescing and/or needing such
care, but not including hospitals, clinics or similar institutions
devoted primarily to the diagnosis and treatment of disease or injury
and/or providing surgical and obstetrical services or asylums for
the insane. This term includes boarding- and rooming houses for aged
people, nursing homes, homes for adults (rest homes), homes for the
aged and handicapped, convalescent homes for children, homes for the
elderly, homes for prenatal care and the like.
As defined by the New York State Liquor Authority under New
York State Alcoholic Beverage Control Law § 3, Subdivision
27, "restaurant" shall mean a place which is regularly and in a bona
fide manner used and kept open for the serving of meals to guests
for compensation and which has suitable kitchen facilities connected
therewith, containing conveniences for cooking an assortment of foods,
which may be required for ordinary meals, the kitchen of which must,
at all times, be in charge of a chef with the necessary help and kept
in a sanitary condition with the proper amount of refrigeration for
keeping of food on said premises and must comply with all the regulations
of the local department of health.
A specific type of restaurant characterized both by its cuisine
and minimal table service. Food is offered from a limited menu; is
cooked in bulk in advance and kept hot; is finished and packaged to
order; and is usually available ready to take away.
Revision of all or part of an existing filed plat.
A single, large retail establishment covering over 35,000
square feet that draws customers from a large area and is typically
surrounded by parking lots.
Any building or structure in which one or more articles of
merchandise, commerce or services are provided, including but not
limited to department stores, banks, salons, insurance sales, clothing
and accessory stores, grocery stores, pharmacies, and boutique/gift
shops.
One or more buildings, encompassing greater than 30,000 square
feet, forming a complex of shops representing merchandisers, with
interconnecting walkways enabling visitors to easily walk from unit
to unit, along with a parking area. It may be enclosed or open air.
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer, television cable, or telephone line, fiberoptic cable or other
similar use.
The lands required for the installation of stormwater sewers
or drainage ditches or field tiles which are required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water therein to safeguard the public against flood damage.
See "farm stand."
See "dwelling, townhouse."
See "junkyard."
A school established by a nongovernmental organization, supported
by private funds, for the purposes of providing education.
Any elementary or secondary school supported by public funds
and providing free education for children of a community or district.
The treatment or storage of fragments of metal discarded
as waste in manufacturing operations, or machines, tools or equipment,
or other metal parts.
For the purpose of determining off-street parking requirements,
the seating capacity of a particular room or a hall in a building,
as determined by the specifications and plans, whether fixed or removable
seating; in the event that individual seats are not provided, each
18 inches of benches, bleachers, pews or similar seating accommodations
shall be considered as one seat for the purpose of this chapter.
Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access
to such facility for the purpose of storing and removing personal
property.
The least required horizontal distance between the front
lot line, or in instances where sidewalks are present or required
from the interior sidewalk edge, and the principal building, measured
at the shortest point. On waterfront lots which border water on one
or more lot lines, the lot line on the road front is considered the
principal front lot line.
The distance from the street line to the part of the structure
nearest the street, measured at right angles to the street line, not
including cornices or open entrance hoods anchored to the building
without posts, which do not project more than three feet from the
building wall, nor retaining walls and fences, nor open entrance steps,
nor open terraces not more than two feet in height above the finished
grade and which do not project more than six feet from the building
wall. Setback requirements, as listed in the Bulk and Use Tables,
apply to the location of buildings, not driveways, parking areas,
or other landscaping treatments.
The least required horizontal distance between the rear lot
line and the principal building, measured at the closest point.
The least required horizontal distance between the side lot
line and the principal building, measured at the closest point.
Any enclosed building, 200 square feet or less, and not intended
for habitation. For purposes of this chapter, a shed is permitted
as an accessory building.
The ordinary high-water mark or the waterward line of an
existing bulkhead or riprap.
Any structure, natural object or part thereof, device or
inscription represented on any land or the outside of any building
which shall be used to attract attention to any object, product, place,
activity, person, institution, organization or business, or which
shall display or include any letters, words, numbers, emblems, symbols,
models, banners, flags, pennants, insignias, trademarks, devices or
representation used as or which is in the nature of an announcement,
direction, advertisement, attention-arrester, warning or designation
of any person, firm, group, organization, place, commodity, product,
service, business, profession, enterprise, industry or public performance.
The entire area within a single continuous perimeter enclosing
the extreme limits of lettering, representations, emblems or other
figures, together with any material or color forming an integral part
of the display or used to differentiate the sign from the background
against which it is placed. Structural members bearing no sign copy
shall be included.
Any sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a canopy.
A sign or structure which directs attention to an idea, product,
business activity, service, or entertainment which is primarily conducted,
sold, or offered elsewhere than upon the premises on which such sign
is located or to which it is affixed.
A sign listing the tenants or occupants of a building or
group of buildings and that may indicate their respective professions
or business activities.
A sign which directs attention to a business, commodity,
service, industry or other activity which is sold, offered or conducted,
other than incidentally, on the premises upon which such sign is located
or to which it is affixed.
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or the
surface of the sign.
Any sign limited to directional messages, principally for
pedestrian or vehicular traffic, such as "one-way," "entrance" and
"exit."
A sign designed to give forth artificial light directly from
a source of light within such a sign.
A sign with a face or faces comprised of light bulbs, light-emitting
diodes (LED), plasma, liquid crystal display (LCD), or digital light
processing (DLP) components that project or portray type, messages,
pictures and/or graphics.
See "sign, wall."
A sign supported by one or more upright poles, columns or
braces placed in or on the ground and not attached to any building
or structure and that is not a tower sign.
A sign which is an integral part of a building facade. The
sign is painted directly on, carved in or otherwise permanently embedded
in the facade.
See "sign, freestanding."
See "sign, perpendicular."
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere on the lot where said illumination
occurs.
A sign whose light source is located in the interior of the
sign so that the rays of light go through the face or faces of the
sign; same as a directly illuminated sign.
A sign that communicates information and educates about the
nature, importance, and purpose of historical, natural, or cultural
resources, objects, sites and phenomena.
A sign specifically used to identify a particular neighborhood,
block or development.
Any lawfully preexisting sign that does not meet the requirements
of this chapter.
Any sign which is installed perpendicular to the street upon
which the building fronts. This definition shall include side wall-mounted
wall signs, perpendicular hanging building signs, freestanding signs
and pole signs.
A sign listing the tenants or occupants of a commercial plaza
and that may indicate their respective professions or business activities.
A sign that is mounted on a freestanding pole or other supports.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election
or caucus.
A sign, whether on its own trailer, wheels or otherwise designed
to be mobile and not structurally attached to the ground, a building,
a structure or another sign. A vehicle containing commercial signage
that is used regularly as a vehicle for that business, such as a contractor's
trailer, food delivery vehicle, or other similar vehicles, shall not
be considered a portable sign.
A sign that is mounted upon the roof of a building.
The entire area within a single, continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of same. However, such perimeter shall
not include any structural or framing elements lying outside the limits
of such sign and not forming an integral part of the display. Only
one side of a double-faced sign shall be included as surface area
of such sign.
Signs displayed on licensed and registered motor vehicles
which are used in conjunction with a business.
A sign erected for a limited time and is not permanently
affixed to the ground, a building or another fixed object or surface.
Temporary signs include but are not limited to contractors' signs,
realty sales or rental signs, special event signs, banners for charitable
events or residential event signs.
A sign designed or intended to identify a tenant, occupant
or establishment.
A sign taller than a freestanding sign, supported by one
or more poles, that identifies or advertises for a tenant, occupant
or establishment, including but not limited to an automobile dealership.
A sign attached to and erected parallel to the face of a
building and supported throughout its length by such building.
A sign visible from a sidewalk, street or other public place,
painted or affixed on glass or other window material or located inside
within four feet of the window, but not including graphics in connection
with customary window display of products.
Possession wherein the owner does not own adjoining vacant
property.
That map or drawing and related information submitted for review by the Planning Board in accordance with the requirements and procedures specified in Article VII of this chapter.
The process by which the Planning Board reviews site plans
for development to ensure compliance with the Comprehensive Plan,
Zoning Code and other land development regulations.
An outdoor commercial location or structure for roller-,
ice- or blade-skating. Indoor rinks are subject to the regulations
of "recreation, indoor commercial."
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board before
it may be permitted in the district enumerated in this chapter.
A permit provided by the Planning Board for a use requiring review, for uses that are not permitted expressly in a district but are listed as requiring a special use permit, subject to the requirements of § 178-62.
A building, commonly divided into separate stalls for individual
animals, in which livestock are kept.
Premises on which two or more horses not the property of
the proprietor are boarded, or on which horses are maintained commercially
for hire, exhibition or sale.
Premises on which is maintained not more than one horse not
the property of the proprietor, and including horses of the proprietor
not maintained for commercial purposes; it is accessory to a farm
or dwelling.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from an outdoor furnace, including that part
of the structure extending above a roof.
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the Department of Motor Vehicles and is used for
the display, storage or transportation of articles offered for sale
by a vendor.
Land used for the keeping of goods, wares or supplies outside
of any building or structure, but not a junkyard or for boat storage.
That portion of a building between the surface of any floor
and the surface of the floor next above, and any portion of a building
used for human occupancy between the topmost floor and the roof. For
purposes of height measurement, in determining the permissible number
of stories, a basement or cellar shall not be counted.
A public or private thoroughfare which affords the principal
means of access to abutting property. It includes streets, roads,
avenues, lanes or other trafficways, between right-of-way lines.
The established boundary lines of the right-of-way of a street,
alley or public thoroughfare.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the street.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
Anything built for the support, shelter or enclosure of persons,
animals, goods or property of any kind, together with anything constructed
or erected with a fixed location on or in the ground, exclusive of
vegetation, boundary walls, fences, mailboxes, lampposts, birdhouses,
or similar construction. The term includes but is not limited to structures
temporarily or permanently located, such as decks, satellite dishes,
communications systems, pools, ponds, etc.
A subordinate structure, the use of which is incidental to
that of the principal building, and which is located on the same parcel
or lot.
The legal division of any tract of land into two or more
lots, plots, sites or other divisions of land for the purpose, whether
immediate or future, of transfer of ownership, lease or building development,
and shall include resubdivision.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any sized
subdivision requiring any new street or extension of municipal facilities.
Any subdivision which contains not more than four lots fronting on an existing street; does not include any new street or road; does not require the extension of municipal facilities; does not adversely affect adjacent properties; and is not in conflict with any provision of the Comprehensive Plan and Official Zoning Map of the Town of Williamson or these regulations.
Any subdivision involving a revision in a previously recorded
plan approved by the Town of Williamson which has minimal site and
traffic impact, does not create any increase in the number of lots,
does not involve any new streets or easements of access, does not
adversely affect the development of the remainder of the parcel or
adjoining property, and which is not in conflict with any provisions
of this chapter.
Any receptacle for water having a depth at any point of more than two feet, or having a surface area exceeding 250 square feet, which is intended for recreational purposes, and including all appurtenant decks, walks and equipment constructed, installed and maintained in or above the ground outside of the principal structure to which the pool is accessory. Private swimming pools are subject to the regulations outlined in the New York State Uniform Fire Prevention and Building Code and § 178-64 of this chapter.
A publicly or privately owned pool open to the general public
or on a membership basis and having appropriate dressing room facilities,
recreation facilities and off-street parking area.
See "place of worship."
See "bar."
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
Performing job-related requirements using telecommunications
to transmit data and textual messages to the central organizational
office without being physically present at the central organizational
office.
An occupant who temporarily holds or occupies land, a building
or other property owned by another.
A structure on which transmitting and/or receiving antennas
are located for the transmission and/or reception of wireless telecommunications
services as defined in the Telecommunications Act of 1996. This includes
but is not limited to freestanding towers, monopoles and similar structures.
It is a structure intended for transmitting and/or receiving telecommunications
but excluding those either for fire, police or other dispatch communications
or exclusively for private radio and television reception and private
citizens' bands, amateur radio and other similar communications.
Any vehicle not propelled by its own power, drawn on the
public highways by a motor vehicle, as defined in this section, except
motor vehicle sidecars, vehicles being towed by a nonrigid support
and vehicles designed and primarily used for other purposes and only
occasionally drawn by such a motor vehicle.
Occupancy of residential premises for a term of up to three
weeks, on two or more occasions during any six-month period, and not
including so-called tourist camps or tourist cabins.
A vehicular, portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
The New York State Uniform Fire Prevention and Building Code,
as currently in effect and as hereafter amended from time to time.
The specific purpose or activity for which land or a building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
A use of a building or of land that does not conform to the
use regulations of the district in which it is situated, which use
existed and was lawful at the time of the adoption of this chapter.
The term "nonconforming use" shall include uses previously permitted
as a matter of right and subsequently permitted only by special use
permit.
The main use for which a building or lot is used or intended
to be used.
Any one or more of the following uses, including grounds
and accessory buildings necessary for their use:
Places of worship, cemeteries, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities having curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Nonprofit fire, ambulance and public safety buildings.
Any activity conducted for a specific limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
See "public utilities."
A modification of the use and/or area and bulk regulations
of this chapter in an individual case where, due to specific facts
and conditions peculiar to a particular property, literal application
and strict enforcement would result in undue and unnecessary hardship
or practical difficulty that would deprive the owner of reasonable
use of the land or structures. Such unnecessary hardship or practical
difficulty shall not be construed to include mere inconvenience or
a desire to make more money.
A variance from the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
or design of access, off-street parking, landscaping, signs) to authorize
on a specific lot a permitted use which could not feasibly be established
without relief from one or more of the dimensional requirements pertaining
to the district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
Any individual, including an employee or agent of a group
of individuals, partnership or corporation, who sells or offers to
sell food, beverages, goods or merchandise on any public way from
a pushcart, stand, motor vehicle, or from his or her person.
Every watercraft that is used, or capable of being used,
as a means of transportation on water or ice. Vessel includes the
motor, spars, sails and accessories of a vessel. Vessel shall also
include barges.
See "hospital, animal or veterinary clinic."
The buying or selling or arranging for sale of goods or commodities,
usually in bulk, for purchasers other than individual customers, to
include offices, freight distribution centers, large storage facilities
and the use of delivery trucks in the routine operation of the business.
An energy facility that consists of one or more wind turbines
or other such devices and their related or supporting facilities that
produce electric power from wind and are:
The parts of the wind energy system including the blades,
generator (or nacelle) and tail.
A wind energy turbine that has a rated capacity of more than
100 kilowatts and which is intended for larger-scale energy distribution.
A wind energy turbine that has a rated capacity of not more
than 100 kilowatts and which is intended to primarily reduce on-site
consumption of utility power.
A building or property where wine is produced.
A facility used for the purposes of:
A segment of a woodland or forest capable of small-scale
production of forest products, such as wood fuel, sap for maple syrup,
sawlogs, as well as recreational uses like bird watching, bushwalking,
and wildflower appreciation.
Land, buildings, structures, and the surface of water for
use by an incorporated club, for the purpose of boating, sailing,
or yachting, and in which the affairs of the organization are actually
conducted and carried on by the members thereof.
Any open space which lies between the principal building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
An open space which lies between the principal building or
group of buildings and the front lot line, unoccupied and unobstructed
from the ground upward. For properties with waterfront access, the
front yard shall be considered the side that faces the road that provides
direct access to the property. Covered porches shall be considered
as part of the main building and shall not project into a required
front yard, whether enclosed or unenclosed. The front yard depth or
front setback requirement for corner lots shall be applied to both
frontages.
An open space extending the full width of the lot between
a principal building and the rear lot line, unoccupied and unobstructed
from the ground upward. The depth of the rear yard shall be measured
between the rear line of the lot, or the center line of the alley
if there is an alley, and the rear line of the building.
An open space extending from the front yard to the rear yard
between a principal building and the nearest side lot line, unoccupied
and unobstructed from the ground upward. If no front yard is required,
the front boundary of the side yard shall be the rear line of the
lot.
The officially established Zoning Board of Appeals of the
Town of Williamson.
The classification of lands as established in this chapter and by the Zoning Map.
The map delineating the boundaries of the zoning districts
which, along with the zoning text, comprises this chapter.[3]
[1]
Editor's Note: See 19 NYCRR 1203.3(b).
[3]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
