Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense shall include the future tense, and the plural includes
the singular, unless the natural construction of the term indicates
otherwise.
A.
The term "person" includes a firm, association, organization, partnership,
trust, company, corporation, individual, or any other entity.
B.
The term "shall" is mandatory and directory.
C.
The term "may" is permissive.
D.
The term "used" includes the terms "designated, intended or arranged
to be used or occupied."
E.
The term "lot" includes the words "plot," "parcel," "tract," or "site."
F.
The term "building" includes the word "structure."
G.
The term "premises" includes a lot and all buildings or structures
thereon.
H.
The term "abut" shall include the words "directly across from."
I.
The term "occupied" or "used" shall include "arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used."
J.
The phrases "to erect," "to construct" and "to build" a building
or structure each have the same meaning and also include "to excavate"
for a building and "to relocate" a building by moving it from one
location to another.
K.
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
L.
When doubts arise as to meanings of terms, the Town of Geneseo Board
of Appeals shall define or make the interpretation of words, phrases,
sentences and sections of this chapter.
For the purpose of this chapter, the following words and terms
shall be defined as:
The term applied to a building, structure, or use (except
for accessory dwelling unit) that:
Is customarily incidental and subordinate to and serves a principal
building or use;
Is subordinate in area, extent, or purpose to the principal
building or use served;
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or principal use; and
Is located on the same parcel as the principal building or use.
A second subordinate dwelling unit that is:
Contained with the existing primary single dwelling unit;
An addition to the existing primary dwelling unit;
An adaptive reuse of an existing permanent detached accessory
structure such as a barn, carriage house, or garage on the same parcel
as the primary dwelling unit; or
Designed into new construction of a single dwelling unit.
Any project or physical activity, such as construction or
other activity that may affect the environment by changing the use,
appearance or condition of any natural resource or structure, that
requires a permit or approval from any board or official of the Town
of Geneseo.
Having a common boundary or edge; abutting; touching.
Any person 18 years of age or older. (A minor is any person
under the age of 18.)
A public or private establishment, or any part thereof, which presents any of the following entertainments, exhibitions or services: topless and/or bottomless dancers; strippers; topless waitressing, busing or service; topless hair care or massages; service or entertainment where the servers or entertainers wear pasties or G-strings or both; adult arcade; adult bookstore or adult video stores; adult cabarets; adult motels; adult motion-picture theaters; escort agencies; nude model studios; and sexual encounter centers. Adult use and entertainment establishments customarily exclude minors by reason of age. Such uses must comply with all applicable regulations of Article 30. The following definitions are included in support of Article 30 and the regulation of adult use and entertainment establishments.
ADULT ARCADEAny place to which the public is permitted or invited wherein credit card-, coin-, tender- or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion-picture, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with
specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore or adult video store
so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe specified sexual activities or specified anatomical
areas. For purposes of this definition, "principal business purpose"
shall mean 15% or more of any of the following:
The number of different titles or kinds of such merchandise.
The number of copies or pieces of such merchandise.
The amount of floor space devoted to the sale and/or display
of such merchandise.
The amount of advertising which is devoted to such merchandise,
either in print or broadcast media.
ADULT CABARETA nightclub, bar restaurant or similar commercial establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
ADULT MOTELA hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities; and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions.
ADULT MOTION-PICTURE THEATERA commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.
ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.
ESCORTA person who, for a fee, tip or other consideration, agrees or offers to act as a date for another person; for consideration, agrees or offers to privately model lingerie for another person; for consideration, agrees or offers to privately perform a striptease for another person; or, for consideration but without a license granted by the State of New York, agrees or offers to provide a massage for another person.
ESCORT AGENCYA person or business association who furnishes, or offers to furnish, or advertises to furnish, escorts as one of its primary business purposes for a fee, tip or other consideration.
NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration, other than as a part of a course of instruction offered by an educational institution established pursuant to the laws of the State of New York.
NUDITY or A STATE OF NUDITYThe appearance of specified anatomical areas.
SEMINUDEA state of dress in which clothing covers no more than the specified anatomical areas, as well as portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers, for any form or consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
A publicly or privately owned serviceway less than 22 feet
in width providing a secondary means of access to abutting properties.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another, but not including normal maintenance or minor
repairs or improvements.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
See "dwelling, multifamily."
A request by an interested party for reconsideration of a
decision.
A person filing an application in accordance with this Zoning
Code who is:
The owner or lessee of property;
A party who has contracted to purchase property contingent upon
that party's ability to acquire the necessary approvals required
for that action in accordance with this Zoning Code, and who presents
written authorization from the property owner to file an application
with the Town; or
The agent of either of the above who presents written authorization
from the property owner to file an application with the Town.
The formal request by an applicant or developer, as those
terms are defined herein, for any permit or approval by the Town Board,
Planning Board, Zoning Board of Appeals or Code Enforcement Officer,
along with the preparation of any and all plans and submittals submitted
in connection therewith, including, but not limited to, any required
review under the New York State Environmental Quality Review Act (SEQRA).
A nonlimited access road which has a grade-separated highway
interchange with a limited access highway and which extends from the
end of the interchange ramp for a distance of not more than 2,000
feet.
Favorable decision to an application that indicates acceptance
and the terms of the application are satisfactory. Includes both approval
and approval with conditions.
Any portion of the outer surface of a structure, including
the kind, color and texture of the building material, the type and
style of all windows, doors, lights, signs, walls, fences, awnings,
canopies, screens, sculptures, decoration, roof shape and materials,
and other fixtures appurtenant to a structure. Also referred to as
"architectural detail."
Establishments used or intended for use of one or any combination
of the following activities:
The sales or leasing of new or used automobiles, motorcycles,
trucks, and recreational vehicles, which includes storage and any
incidental maintenance.
A movable or retractable 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.
The lines that connect a provider's towers/cell sites
to one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
A bank, savings and loan, credit union, or other financial
institution that provides retail banking services to individuals and
businesses. These uses include only those institutions engaged in
the on-site circulation of cash money.
A building, facility, room, or portion thereof, which is
rented, leased or otherwise made available to any person or group
for a private event or function, that is not open to the general public,
whether or not a fee is charged.
The flood having a one-percent chance of being equaled or
exceeded in any one given year. For purposes of this chapter, "base
flood" shall have the same meaning as the "one-hundred-year flood."
A story partly underground but having at least 1/2 of its
height below finished grade. A basement shall not be counted as a
story in determining the building height. Also referred to as a "cellar."
A home occupation in an owner-occupied residence wherein
lodging and breakfast are provided to transient guests for compensation.
A man-made earthen mound (usually from two to six feet in
height) designed to provide visual interest on a site, screen undesirable
views, reduce noise, or fulfill other such purposes.
The length of a street between two intersections.
A dwelling where not less than two nor more than three unrelated
persons are furnished sleeping accommodations or lodged for a fee
with or without meals.
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.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or property.
The total of areas taken on a horizontal plane at the main
finished grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between exterior faces of walls.
The ratio obtained by dividing the ground-floor area of all
principal and accessory buildings, including covered porches, carports
and breezeways, but excluding open patios, parking areas, swimming
pools, tennis courts and other structures which are open, on a lot
by the total area of the lot upon which the buildings are located.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat or mansard roofs and to the average
height of pitched, gable, hip and gambrel roofs.
The duly designated Building Inspector of the Town of Geneseo
to enforce the provisions of the New York State Uniform Fire Prevention
and Building Code in the Town. Also referred to as "Building Official."
A line parallel to the lot line or a major portion thereof,
tangent to that point in a building face which is closest to such
lot line. The building face includes sunparlors, breezeways and porches,
whether enclosed or unenclosed, but does not include steps or terraces
which are open.
A building surrounded by open space on the same lot.
A building in which is conducted the principal or primary
use of the lot on which it is situated.
The size and scale of buildings and non-building uses and
the physical relationship of their size and scale in relation to the
lot on which they are located. Bulk requirements include building
height, building footprint, and lot coverage.
An area of land in which a collection of more than one nonindustrial
business is located.
A horticultural method of measuring the diameter of nursery
stock. For trees less than four inches in diameter, the measurement
should be taken at six inches above ground level. For trees greater
than four inches in diameter up to and including 12 inches, the caliper
measurement must be taken at 12 inches above the ground level. For
trees greater than 12 inches in diameter, the trunk is measured at
breast height (diameter at breast height or DBH), which is 4.5 feet
above the ground.
Any one or more of the following, other than a hospital,
place of detention, or school offering general instruction:
RECREATION CAMPAny area on which are located cabins, tents, trailers, shelters or other uses or accommodations of a design or character suitable for seasonal or temporary living, sleeping and recreation purposes.
FARM CAMPA camp located on a farm used or designed to be used for less than 10 persons who are transient farm laborers and their families, whether or not for compensation.
Any building or premises, or portion thereof, where the use
of which is devoted to the business of washing automobiles for a fee,
whether by automated cleaning devices or otherwise.
An open-sided roofed automobile shelter, either freestanding
or formed by extension of a roof from the side of a building, in which
case it shall be deemed part of the structure to which it is attached.
In either case, a carport shall not be deemed a garage.
Land used or intended to be used for the burial of the animal
or human dead and dedicated for cemetery purposes, including crematories,
mausoleums, crematorium, and columbaria.
A facility intended as a gathering place for organized religious
worship and related activities.
The office of up to four licensed health care professionals,
including but not limited to physicians, dentists, physicians'
assistants, radiologists and nurses, for the treatment of persons
on an outpatient basis only.
A building or use catering exclusively to public or private
club members and their guests for recreational, social, or athletic
purposes, and not operated primarily for gain or profit.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, while maintaining the density limitation imposed
by said minimum lot area through the provision of open space as part
of the site plan.
The person officially designated by the Town that is responsible
for the administration and enforcement of this chapter. Also referred
to as "Zoning Officer" or "Zoning Enforcement Officer."
A meeting hall or place of assembly intended for use as a
gathering place by members of the Town.
Having a complimentary and congruent arrangement of elements
in the design and/or appearance between two or more attributes of
a structure;
Having a complimentary and congruent arrangement of elements
in the design and/or appearance between two or more structures;
Having a complimentary and congruent arrangement of elements
in the design and/or appearance between two or more attributes of
a neighborhood; or
Having a complimentary and congruent arrangement of elements
in the use or function between two or more attributes of a neighborhood
or area.
The ownership interest in dwelling units and other facilities
pursuant to Article 9-B of the Real Property Law of New York State.
A building or complex of buildings that is used as a conference
center and includes auditorium, meeting rooms, exhibition space, and
banquet facilities.
A plant with foliage that persists and remains green year-round.
Also known as "evergreen."
The ownership interest in dwelling units and other facilities
by a corporation organized pursuant to the Cooperative Corporation
Law of New York State.
The Livingston County Planning Board.
An unoccupied open space other than a yard. An "outer court"
is one which extends to the front, side or rear yards; an "inner court"
is any other court.
A stone, granite, or concrete boundary usually marking the
edge of a roadway or paved area.
The mean street grade established by municipal code or, in
the absence of an established grade, the mean level of the existing
curb or of the lot at the street line.
Establishments or work space dedicated to artists, artisans,
musicians, dancers, or other individuals practicing one of the fine
or performing arts or skilled in an applied art or craft. Incidental
retail sales of work produced on the premises or related to the studio
may be included in the business's permitted function. This definition
excludes all adult oriented uses.
A place other than an occupied residence providing or designed
to provide day care for seven or more persons on a regularly scheduled
basis for more than three but less than 24 hours per day. Also see § 390,
Subdivision 1(c), of the Social Services Law of the State of New York.
A unit of measurement of the intensity (loudness) of sound.
Sound level meters which are employed to measure intensity of sound
are calibrated in decibels.
A plant with foliage that is shed annually.
A unit of measurement; "density" means the number of dwelling
units per acre of land.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Town.
The comprehensive evaluation of a development and its impact
on neighboring properties and the community as a whole, from the standpoint
of site and landscape design, architecture, materials, colors, lighting,
and signs, in accordance with a set of adopted criteria and standards.
A set of requirements that pertain to the architectural appearance
of a building, or improvement, that governs the alteration, construction,
demolition, or relocation of a building, site, or improvement. Also
referred to as "design criteria."
Any person, firm, partnership, association, corporation,
company, limited liability or entity or organization of any kind,
whether or not an applicant as defined hereinabove, that constructs
or proposes to construct one or more highways, drainage facilities,
utilities or parks within or in conjunction with a development and
to convey or dedicate same to the Town.
Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
excluding normal maintenance of farm roads and agricultural practices.
A portion of the territory of the municipality within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
All surface water drainage facilities, including but not
limited to catch basins, detention and retention ponds or basins,
storm sewers and their appurtenances, drainage swales and ditches,
and any easements through or over which said facilities may be constructed
or installed in or in connection with a development.
An establishment serving alcoholic beverages for on-site
consumption as the primary use, including bars, cocktail lounges,
pubs, saloons, and taverns.
A building or use, which by design of physical facilities
a product is sold to, or a service performed for, customers while
they are in or near their motor vehicles, including but not limited
to fast-food restaurants, drive-up bank tellers, film-processing service
booths, etc.
A roadway providing a means of access from a street to a
property or off-street parking area. An accessway may also be deemed
a "driveway."
An establishment used to collect, distribute and/or clean
articles or goods of fabric to be subjected to the process of dry
cleaning, dyeing or stain removal. A dry-cleaning facility may also
press or clean fabric on site using the dry-cleaning process.
An establishment used primarily to collect and distribute
articles or goods of fabric to be subjected to the process of dry
cleaning, dyeing or stain removal elsewhere. A dry-cleaning outlet
may also include equipment to press chapters of fabric cleaned elsewhere
or dry-cleaning machines using only noncombustible and nonflammable
solvents.
Any building, vehicle as defined below, or portion thereof
designed or used exclusively as the residence or sleeping place of
one or more persons. The term "dwelling" shall not be deemed to include
an auto court, rooming house, motel, tourist home, hotel, hospital,
nursing home, dormitory, fraternity or sorority house.
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family, except for a mobile home.
DWELLING, SINGLE-FAMILY ATTACHED(COMMONLY CALLED "TOWNHOUSE" OR "ROW HOUSE") — A row of two or more adjoining dwelling units each on their own lot and separated from each other by one or more party walls.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors.
DWELLING, MOBILE HOMEA vehicle or movable dwelling structure designed to be used for permanent living or sleeping quarters and standing on wheels or on rigid supports or on a foundation, except for a travel trailer, as defined herein, and containing not more than one dwelling unit, but excluding prefabricated homes or sections thereof.
DWELLING, MULTIFAMILYA building designed for occupancy of families living independently of each other and containing between three and 20 units per building.
DWELLING, MULTIFAMILY COMPLEXA series of multiple-family dwellings designed and built as an integrated development with a common architectural style. Also referred to as a "multifamily development."
One or more rooms, including a kitchen or kitchenette and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
Where a multiple dwelling is designed for or occupied by transients
as defined in the Multiple Residence Law, each four persons for or
by whom the dwelling is designed or occupied shall be considered as
being equivalent to one dwelling unit.
Any authorization by a property owner for the use by another,
for a specified purpose, of any designated portion of a lot.
The projecting lower edges of a roof overhanging the wall
of a building.
Parochial, nursery, private and public school, college, university
and accessory uses operated under the Education Law of the State of
New York and governed by the NYS Department of Education and shall
exclude commercially operated schools of beauty, culture, business,
dancing, driving, music and similar establishments which are not so
governed.
A person licensed as a professional engineer by the State
of New York.
Any processes that involve the extraction of raw materials
from the earth. Extractive processes consist of any operations that
remove metals, mineral and aggregates from the earth. Examples of
extractive processes include oil and gas extraction, mining, dredging,
and quarrying.
The Federal Aviation Administration.
It shall be presumptive evidence that more than four persons
living in a single dwelling unit who are not related by blood, marriage
or legal adoption do not constitute the functional equivalent of a
traditional family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must be present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
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 local schools;
Members of the household have the same address for purposes
of voter's 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;
There is common ownership of 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.
Any parcel which is used for agricultural production or customary
farm operations. It includes necessary farm structures, including
dwellings and structures for the storage of equipment used.[1]
A facility which possesses a New York State farm winery license
pursuant to § 76-a of the New York State Alcoholic Beverage
Control Law, and where grapes are grown and/or converted to wine for
sale to other businesses.
[Added 12-12-2019 by L.L.
No. 2-2019]
A facility which possesses a New York State farm winery license
pursuant to § 76-a of the New York State Alcoholic Beverage
Control Law, and where grapes are grown and/or converted to wine for
sale to the public or to other businesses, which may also include
a wine tasting room where New York State labeled wines and wine products
grown or processed on the property may be tasted and sold.
[Added 12-12-2019 by L.L.
No. 2-2019]
The Federal Communications Commission.
A structure bounding an area of land designed to either limit
access to the area or to screen such area from view, or both. The
term "fence" shall include tennis court enclosures, backstops, and
similar structures.
The depositing of fill on land, whether submerged or not,
including nonhazardous earth, clay, sand, or gravel.
The sum of the horizontal area of the floors of a building
and its accessory buildings on the same lot, excluding unfinished
basement or cellar floor areas not devoted to habitable use, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between interior faces of walls.
The sum of the gross horizontal areas of 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 room, fitting or alteration rooms
or general maintenance, or enclosed pedestrian malls or corridors.
The floor area of rooms in a dwelling unit used for bedrooms,
living rooms, dining rooms and kitchens.
Facilities which transform and process livestock and agricultural
products into products for eventual consumption and package the processed
goods for distribution to wholesalers or retailers.
A multiple dwelling used and occupied by a cooperating group
of college or university students and containing and providing domestic
and social facilities and services thereto.
The extent of a building or a lot along one public street
as defined herein.
A building used for the preparation of the deceased for cremation
or burial and the display of the deceased and ceremonies connected
therewith before burial or cremation.
A sale of used household or personal articles (as furniture,
tools, or clothing) held on the seller's own premises.
A garage having a common wall or a portion thereof with a
principal residential building and used for the storage of motor vehicles,
boats or trailers and in which no home occupation, business or service
for profit is maintained.
A building used as an accessory use to a principal residential
building for the storage of motor vehicles, boats or trailers and
in which no home occupation, business or service for profit is maintained.
An enclosed space for the storage of motor vehicles, provided
that no business, occupation or service is conducted for profit therein.
Any building, other than a private garage, which is available
to the public, operated for gain and used for storage of automobiles.
Any building or land or any part thereof used for sale of
motor fuel, oil and motor vehicle accessories and which may include
facilities for fueling, charging, lubricating, washing or servicing
vehicles, but not including painting or body repairs.
A recreation facility consisting of at least nine holes,
each with tee, green, and fairway, located on a parcel of land containing
at least 25 acres, as distinguished from golf driving ranges and miniature
golf.
The surface of the ground or pavement at a stated location
as it exists before disturbance in preparation for a project regulated
by this Zoning Code.
The elevation of the surface of the ground adjoining the
building at the completion of a project regulated by this Zoning Code.
Height measurements shall be based from the finished grade. Where
the finished grade is below the level of the existing grade, the existing
grade shall be used for this purpose.
The officially established grade of the street upon which
the lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the frontage of the lot shall
be taken as the street grade.
Where produce is grown for sale to other businesses.
[Added 12-12-2019 by L.L.
No. 2-2019]
Where produce is grown for sale to the public or to other
businesses.
[Added 12-12-2019 by L.L.
No. 2-2019]
A group-care facility is a building established and operated
for the purpose of providing long-term, supportive residential care,
room, board, housekeeping, personal care and supervision to three
or more elderly people and non-elderly adults with disabilities that
are unrelated to the operator. The term shall not be applied to owner-occupied
premises with one or two roomers.
Includes a street, avenue, road, square, place, alley, lane,
boulevard, concourse, parkway, driveway, overpass and underpass, or
other form of public right-of-way, and also includes all items appurtenant
thereto, including but not limited to bridges, culverts, ditches,
shoulders and sidewalks in or in connection with a development.
A use that:
Is clearly incidental and secondary to the use of such dwelling
for residential purposes;
Is a single profession or hobby carried on within a dwelling
by a member of the household residing in the dwelling unit; and
Can be conducted without substantial change in the appearance,
character, or traffic generation of the residence.
An organization of residential property owners residing within
a particular development who contractually agree to provide, reserve
and maintain commonly owned facilities and/or open space, in accordance
with New York State law.
Any facility, structure or place for diagnosis and treatment
of human illnesses, injuries or ailments either on an inpatient or
outpatient basis. This includes a sanitarium, clinic, rest home, nursing
home, convalescent home, home for the aged.
A building having more than two stories with rooms intended,
designed, used, rented or hired out to be occupied for sleeping purposes,
along with the provision of food, meals and beverages to transient
guests and/or the general public.
The horizontal area of ground covered by a surface through
which water cannot infiltrate, such as buildings, asphalt driveways
or parking areas.
A collection of sites for the location of one or more industries,
which may or may not be related to one another.
A facility that provides a public service and is operated
by a federal, state, or local government, public or private utility,
school, church or similarly recognized and legally established sect,
public agency, tax exempt organization, or quasi-public organization.
A place where waste, discarded or salvaged materials are
bought, recycled, sold, exchanged, stored, baled, cleaned, packed,
disassembled or handled or where automobile wrecking takes place,
but not including pawnshops and establishments for the sale, purchase
or storage of used furniture, household equipment and clothing.
A lot or parcel of land where more than five adult dogs are
kept, whether by owners of the dogs or by persons providing facilities
and care, whether or not for compensation, but not including a small
animal hospital, clinic or pet shop. An adult dog is one of either
sex, altered or unaltered, that has reached the age of six months.
The use of natural plant materials, including but not limited
to ground covers, shrubs, and trees. Landscaping also involves the
placement, preservation and maintenance of said plant materials in
conjunction with associated improvements such as fences, walls, lighting,
earth mounding and structures (principal or accessory).
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
As developed and administered by the United States Green
Building Council, Leadership in Energy and Environmental Design (LEED)
is a voluntary, consensus-based national standard for developing high-performance,
sustainable buildings.
Research and development, material handling, processing,
the manufacturing, compounding, processing, packaging, storage, service
industry business, assembly, and/or treatment of finished or semifinished
products from previously prepared materials, where input, output are
wholly conducted within an enclosed building and the industry does
not produce high volumes of polluting wastes and is compatible with
other uses of the district.
Light trespass is light emitted by a lighting installation
that falls outside the boundaries of the property on which the installation
is sited.
The gross area of the floors of a dwelling, not including
the area of porches, garages, cellars, breezeways, furnace rooms and
areas used for home occupation.
An off-street space exclusive of passageways, driveways,
ramps, columns and other areas that is used for the temporary parking
of a commercial vehicle while loading or unloading deliveries, merchandise
or materials.
A single building or group of buildings containing guest
rooms or apartments, with parking space or such rooms or apartments,
which is primarily designed for the accommodation of transient travelers
and does not contain individual cooking facilities. Lodging facilities
may also provide additional services to guests, such as food and beverages,
limited recreational facilities, conference rooms, and laundry. Hotels
and motels are considered lodging.
A tract or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as are required
by this chapter. Said lot shall not have not less than the minimum
area, width and depth required for a lot in the district in which
such land is situated and shall have frontage on a street or other
means of access as may be determined by the Planning Board to be adequate
as a condition of the issuance of a building permit for a building
on such land.
The total computed area contained within the property lines,
excluding any part lying within the boundaries of a public street
or proposed public street.
The percentage of the lot area covered by the combined area
of the primary and accessory buildings. This definition includes all
paved and impermeable surfaces such as driveways, swimming pools,
decks, patios, parking areas and parking lots, excluding pedestrian
walkways.
The average distance between the front and the rear lot lines.
The property lines bounding the lot.
LOT LINE, FRONTIn the case of a lot abutting upon only one street, the line separating the lot from the street right-of-way; in the case of a lot abutting more than one street, each street line shall be considered a front lot line.
LOT LINE, REARThe lot line, which is generally opposite the front lot line. If the rear lot line is less than 10 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less then 10 feet long, lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDEThe property line or lines extending from the front lot line to the rear lot line. A side lot line separating a lot from a street right-of-way is called a "side street lot line."
A lot which is part of an approved subdivision recorded in
the office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The total area within the property lines, excluding any portion
lying within the boundaries of a public street or future street right-of-way.
The mean horizontal distance between the side lot lines,
measured at right angles to the lot depth.
A lot located at the junction of and fronting on two or more
intersecting streets. All corner lots shall be deemed to have two
front yards, two side yards and no rear yard.
A lot that is not a corner lot and which has frontage on
two streets.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one
or more sections, which in the traveling mode, is eight feet or more
in width or 40 feet or more in length, or, when erected on site, is
320 square feet minimum, constructed on a permanent chassis and designed
to be used with or without a permanent foundation when connected to
the required utilities and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that 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
Federal Department of Housing and Urban Development and complies with
the standards established under the national Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle.
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.
A site adjacent to a body of water which is used for either
the launching, storage or docking of boats. Facilities which can handle
only one or two boats are not considered marinas and not subject to
this chapter. A marina shall be owned and/or operated by either a
person, corporation, public organization or a municipal body and whose
use is extended to the general public either on a paying or nonpaying
basis.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building
generally designed and constructed to provide protection from the
weather.
In lakes and tidal-influenced water bodies, the elevation
that corresponds to the average highest annual water level for the
period of record available for a given water body, typically recorded
at a water level gage. Any project affecting excavation, fill or disturbance
to the shoreline or bottom of Conesus Lake below the mean high water
elevation, as defined in 6 NYCRR 608.11 as the same may be amended
from time to time, require permitting through NYSDEC and USACE prior
to the start of any disturbance activities.
[Added 12-12-2019 by L.L.
No. 2-2019]
Eight hundred seventeen feet above sea level as shown on
the topographic map of the United States Geological Survey (1950).
Also referred to as the "mean water level" or "mean Conesus Lake level."
Includes medical, dental and clinical outpatient offices
for the diagnosis and treatment of human ailments.
Repairs that do not require the long-term dismantling and
storing of parts; can be reasonably completed within a twenty-four-hour
period.
A development or redevelopment that allows for a mixture
of uses in a single building or on a single lot, including but not
limited to two or more of the following: residential, commercial and
industrial uses.
A factory-manufactured dwelling unit built prior to June
15, 1976, with or without a label certifying compliance with NFPA,
ANSI or a specific state standard, transportable in one or more sections,
which in the traveling mode, is eight feet or more in width or 40
feet or more in length, or, when erected on site, is 320 square feet
minimum, constructed on a permanent chassis and designed to be used
with or without a permanent foundation when connected to the required
utilities, and includes the plumbing, heating, air-conditioning and
electrical systems contained therein. The term "mobile home" shall
not include travel trailers or any self-propelled recreational vehicle.
A parcel of land within a mobile home park reserved for the
placement of a single mobile home and for the exclusive use of its
occupants.
A parcel of land under single ownership on which two or more
mobile homes are occupied as residences or which is planned and improved
for the placement of two or more mobile homes for nontransient residential
use.
The part of a mobile home lot that has been reserved for
the placement of a mobile home and related structures or additions,
including driveway apron and patio. The mobile home stand area is
derived from the area of the lot that remains after all setbacks are
met.
A factory-manufactured dwelling unit, conforming to applicable
provisions of this code and bearing insignia of approval issued by
the State Fire Prevention and Code Council, which is constructed by
a method or system of construction whereby the structure or its components
are wholly or in substantial part manufactured in a manufacturing
facility, intended or designed for permanent installation, or assembly
and permanent installation.
A building or group of buildings having two stories or less,
whether detached or in connected units, used as individual sleeping
units designed primarily for transient automobile travelers and providing
accessory off-street parking and, if desired, restaurant facilities.
The term "motel" shall also include tourist courts, motor lodges and
similar uses.
Any device in, upon or by which any person or property is
or may be transported upon a public street or highway except such
as is operated exclusively by human power. This includes, but is not
limited to, cars, trucks, boats, recreational vehicles, airplanes,
four-wheelers, dirt bikes, or motorcycles.
Administrative, clerical, or public offices or buildings
of a government agency (local, county, state, or federal), including
postal facilities, together with incidental storage or accessory uses/buildings.
A residential development or mixed-use development where
the primary use is residential housing.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. "Neighborhood
character" is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
A building or structure that does not conform to the regulations
of the district in which it is located upon the effective date of
this chapter.
Any building, land or part thereof, existing at the effective
date of this chapter, which does not meet the bulk and dimensional
requirements for the use and for the district in which it is located.
Any lot lawfully existing at the time of adoption of this
chapter or any amendment thereto which does not conform to the minimum
width, depth and area dimensions specified for the district wherein
such lot is situated.
An established use of a building or structure or of land
existing at the effective date of this chapter which does not conform
to the use requirements of the district in which it is located.
All uses of land and buildings except one-family dwellings,
two-family dwellings and multiple-family dwellings.
Any premises containing sleeping rooms used by persons who
are lodged and furnished with meals and nursing care.
The New York State Uniform Fire Prevention and Building Code,
which shall include all subunits (Residential Code, Building Code,
Plumbing Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Code,
and Property Maintenance Code) as currently in effect and as hereafter
amended from time to time. The Uniform Code shall also be referred
to as the "NYS Uniform Fire Prevention and Building Code" or "NYS
Building Code."
Firms or organizations providing professional, executive,
management, or administrative services, such as those listed in the
"Professional services" definition.
An area or areas of a lot, including required yards, which
are:
Open and unobstructed from ground to sky, except by facilities
specifically designed, arranged and intended for use in conjunction
with passive or active outdoor recreation or relaxation.
Landscaped, maintained or otherwise treated to create a setting
appropriate to recreation or relaxation.
Accessible and usable by the general public, business patrons
or residents of all dwellings or stores it is intended or required
to serve.
The location of any goods, wares, merchandise, commodities,
junk, debris, or any other item outside of a completely enclosed building
for a continuous period longer than 24 hours.
A parcel of land, generally located on the perimeter of a
larger parcel of commercial land, that is subordinate to the larger
parcel.
An individual, firm, association, organization, partnership,
trust, corporation, or company holding title to the property.
An owner, as reflected in title records, makes his or her
legal residence at the site, as evidenced by voter registration, vehicle
registration, or similar means recognized by a unit of government.
That portion of a building wall that rises above the level
of the roof.
An area of land located within a development which devoted
to active or passive recreation.
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto.
Includes all required off-street parking spaces, loading
areas, stacking spaces, aisles, driveways and landscaping as required
in this chapter.
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s), and having
direct access to a street, road or alley.
An area or courtyard designed for outdoor living purposes
as an accessory use to a structure, which shall be completely unenclosed
except for any side which may adjoin a structure or for any fences,
walls, shrubs or hedges. Outdoor areas enclosed by a roof or awning
shall be considered to be a structure.
Ground surface covered with materials, including but not
limited to cobblestones, clay-fired bricks, concrete precast paver
units poured concrete with or without decorative surface materials,
blacktop, or other asphaltic or rubber mixture which may include sand
or gravel as an ingredient and which creates a hard surface. A graded
natural surface or one covered with rolled stone or overlaid with
loose gravel is not considered a paved surface.
Refers to a pedestrian-friendly policy providing clear, comfortable
pedestrian access to commercial and residential areas and transit
stops through the combination of land design practices, including
compact development, mixed-use development, traffic calming, pedestrian-
and public transit-orientation, designated pedestrian circulation
systems and amenities, and a mix of housing types.
A financial tool used to guarantee that, in the event of
a developer's or contractor's default, funds are available
to finish the construction of a site improvement or infrastructure
installation and ensure its proper functioning.
A document issued by the proper authority of the Town authorizing
an applicant to undertake certain activities.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the provisions hereof and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this chapter.
CERTIFICATE OF OCCUPANCYA certificate issued upon completion of the construction of a structure or change in use of structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the certificate of occupancy.
SIGN PERMITA permit indicating that a proposed sign, sign structure, or any part thereof is in accordance with the provisions of this chapter authorizing an applicant to commence with erection of said sign.
SPECIAL PERMITA document approved by the Planning Board that allows a specifically designed use that would not be appropriate generally or without restrictions throughout the zoning district but which, under certain conditions, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Also referred to as "special use permit."
Any use other than a specially permitted use granted by right under the provision of Part 2 of this chapter (base zoning districts).
Establishments primarily providing services oriented to personal
needs, such as barbershops and beauty shops, shoe repair shops, household
appliance repair shops, dry cleaning and laundry pickups, shoe shine
parlors, and other similar operations. Retail sales shall be allowed
as incidental uses in personal service establishments.
The officially designated Planning Board of the Town of Geneseo, as established by the Town Board in accordance with NYS Town Law with duties and responsibilities as outlined in Part 5 of this chapter.
Any body of water, excluding natural bodies of water fed
by rivers, springs, streams or brooks, having a depth at any point
greater than three feet.
An unenclosed and unscreened roofed permanent projection
in which the roof is supported by piers, posts, or columns attached
to the entrance of a principal building.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this chapter, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
When at least 51% of the structure, excluding land value,
is above ground.
An individual or agency authorized to practice their discipline
as defined by applicable New York State laws, such as an engineer,
architect, or landscape architect.
Includes but is not limited to the office of a physician,
dentist, optometrist, architect, landscape architect, engineer, insurance
agent, realtor, accountant, lawyer or other recognized professional
person.
Individuals or organizations that provide specialized services,
including but not limited to medical practitioners, attorneys, architects,
engineers, photographers, brokers, and other similar services. This
classification excludes hospitals, banks, and savings and loan associations.
A line bounding a lot. Also known as a "lot line."
Intended to designate anyone or more of the following uses,
including grounds and accessory buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, including golf courses, playgrounds and recreational
areas when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Fire, ambulance and public safety buildings.
Hospitals for the care of human beings, nursing homes, convalescent
homes, homes for adults, homes for the aged or residences for adults
as the same are defined under the Public Health Law or the Social
Services Law of the State of New York, provided that they are duly
licensed by the State of New York.
Membership corporations established for cultural, social or
recreational purposes.
Municipal buildings.
A site that provides space, on a rental or fee basis, for
growers to sell agricultural products to the general public.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, communication, water transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith; telephone booths, firehouses, pump stations, water and
sewage treatment plants and similar facilities 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, except
those which shall also be considered as public service facilities
hereunder.
A building or lot used in connection with the transmission
or distribution of water, sewage, gas, electricity, telephone or other
public services.
A building or lot used for or in connection with the transmission,
distribution or regulation of water, sewage, gas, electricity, telephone,
cable television, telecommunications or other public utility service
by a municipal corporation or by a corporation subject to regulation
by a state and/or federal regulatory agency. It does not include the
administrative offices of the utility.
See "open space."
A designated place, area, structure, or other facility used
by persons in the community to carry out recreational activities.
Recreation facilities that are privately operated for gain
and which are available to the general public on an individual admission
or membership basis. Such uses shall include, but not be limited to,
golf courses and country clubs, miniature golf courses, indoor racquetball
or tennis courts, theaters, bowling alleys, skating rinks and amusement
parks.
Includes a bowling alley, theater, pool hall, skating rink,
gymnasium, health spa, video machine arcade, swimming pool and similar
places of indoor commercial recreation, both public and private, as
well as accessory uses, including user supplies, food service and
sales, service and storage of recreation equipment and accessories.
Includes a golf course and clubhouse, trap, skeet and archery
ranges, swimming pool, skating rink, beach, tennis court, racquetball
court, camping area, picnic area and similar places of outdoor recreation,
as well as accessory uses, including user supplies, food service and
sales, service and storage of recreation equipment and accessories.
A trailer or self-propelled motor vehicle structure without
permanent foundation, which can be towed, hauled or driven, and is
primarily designed as temporary living accommodation for recreation,
camping and travel use and including but not limited to travel trailers,
truck campers, camping trailers and self-propelled motor homes.
Includes church, temple, synagogue, mosque, parish house,
convent, seminary and retreat house. Also referred to as "place of
worship."
A building or groups of buildings in which are located facilities
for scientific research, investigation, materials testing, or experimentation,
but not facilities for the manufacture or sale of products.
Includes one-family dwellings, two-family dwellings, and
multiple-family dwellings.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for on-premises consumption.
However, a snack bar refreshment stand at a public, semipublic or
community swimming pool, playground, playfield or park operated by
the agency or groups or an approved vendor operating the recreational
facilities and for the convenience of the patrons of the facility
shall not be deemed to be a restaurant.
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.
An establishment for the sale of goods, articles or consumer
services individually or in small quantities directly to the consumer.
Retail store or service shall not be interpreted to include the following:
drive-up service, gasoline station, motor vehicle repair service,
new or used car sales and service, and trailer or mobile home sales
and service.
A formal request to the Town Board to have the Zoning Map
amended.
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 or other similar use.
Retail outlets, with all related structures, for the sale
of farm products.
In the case of a flat roof, the uppermost line of the roof
of a building; in the case of a pitched roof, the lower edge of the
eave; or in the case of an extended facade or parapet, the uppermost
height of said facade or parapet, provided that the facade or parapet
extends around the entire perimeter of the building at the same elevation.
A method of reducing the impact of noise, glare and unsightly
visual intrusions with less offensive or more harmonious elements,
such as plants, berms, fences, walls or any appropriate combination
thereof.
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. A warehouse operated for a specific commercial
or industrial establishment shall not be considered a self-service
storage facility.
New York State Environmental Quality Review Act.
Includes those parts of any lot, which are used primarily
to provide access for servicing the use on the lot, including land
used for delivery of goods, storage, and collection of wastes and
provisions for maintenance.
A local street which generally runs parallel to and adjacent
to an arterial or collector street and which provides access to abutting
properties and protection from the arterial or collector street.
The least required horizontal distance between the property
line and any structure on the lot, measured at the shortest point,
including terraces, porches, or any covered projection thereof, but
excluding steps.
[Amended 12-12-2019 by L.L. No. 2-2019]
The setback to the front lot line.
The setback to the rear lot line.
The setback to any property line other than a front or rear
lot line.
The setback to the street or front lot line. On corner lots,
both yards bordering the street shall be considered as street setbacks.
Such street setback shall be measured from the public right-of-way.
A group of three or more stores, shops or similar businesses
offering a variety of goods and services, occupying adjoining structures,
whether attached or detached, having a common interrelated parking,
loading and site circulation system with consolidated access to public
roads. Also known as "malls," "retail centers," and "plazas."
A name, identification, description, including commercial
and noncommercial content, display, illustration, usually including
alphabetic or numeric characters, which is affixed to or painted upon
or represented directly or indirectly upon a building, structure,
or piece of land or affixed to the inside or outside of a door or
window so as to be seen from the outside of a building and which directs
attention to an object, product, place, activity, person, institution,
organization or business.
AWNING OR CANOPY SIGNA sign that is mounted, painted, or otherwise applied on or attached to an awning or other fabric, plastic, or structural protective cover over a door, entrance, or window of a building. A marquee or a canopy is not an awning.
BANNER SIGNA sign of lightweight fabric or similar nonridged material that is mounted with no enclosing framework.
BUILDING SIGNA sign that is attached to, mounted on, or painted on a building. This includes awning signs, canopy signs, marquee signs, projecting signs, roof sign, and wall signs.
CHANGEABLE COPY SIGN (MANUAL)A sign, or portion thereof, on which characters, letters, or illustrations are changed manually in the field without altering the face or surface of the sign, including without limitation, a readerboard with changeable letters.
CHANGEABLE COPY SIGN (MECHANICAL OR ELECTRONIC).A sign, or portion thereof, on which characters, letters, or illustrations are changed mechanically or electronically in the field without altering the face or surface of the sign, including without limitation, an electronic or mechanical message center.
COMMERCIAL MESSAGEA sign, wording, logo, or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
CONSTRUCTION SIGNA sign indicating the title and basic information regarding a project and indicating the names of architects, engineers, contractors and similar persons or firms involved in the design, construction and/or financing of the structure or project.
DIRECTIONAL SIGNA sign directing vehicular and/or pedestrian movement into, within, and/or out of a premises.
DRIVE-THROUGH SIGNA sign designed to instruct customers or users in automobiles regarding specific products or services offered on the site or in the building, or regarding methods of payment accepted, or for receiving orders for products or services.
FLASHING SIGNAn illuminated sign on which the lights either blink on and off randomly or in sequence or have intermittent variation in intensity or color.
FREESTANDING SIGNA sign independently suspended or supported by the ground or mounted on one or more uprights or braces anchored in the ground with no more than 30 inches clearance from the bottom of the sign to the ground below.
FUEL PUMP SIGNA sign affixed to or mounted on a fuel pump.
INCIDENTAL SIGNA sign containing no commercial message and typically erected to identify address, entrances, exits, rest rooms, hours and days of operation, public utility locations, emergency address and telephone number, etc., and one sign to indicate that the business is open. These examples are not given by way of limitation; and incidental sign can contain any noncommercial message in accordance with Article 40 of this chapter.
ILLEGAL SIGNA sign that is without a valid zoning permit, is not a nonconforming sign, and is not expressly permitted and/or exempt from the provisions of the Sign Code.[2]
ILLUMINATED SIGNA sign that is lighted by one or more of the following artificial light sources:
INTERNAL SIGNA sign that is not intended to be viewed from outside the property, and located so as not to be legible from any public right-of-way or from any adjacent property, including any signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar structures of a recreational nature. Also included in such definition is a sign inside a building more than three feet inside any window or door and any sign not attached to a window or door that is not legible from a distance of more than five feet beyond the lot line of the zoning lot or parcel on which such sign is located.
MOVING SIGNAny sign which in part or in total rotates, revolves, or otherwise is in motion.
NEON SIGNA sign formed from neon lamps containing neon gas.
NONCONFORMING SIGNA sign lawfully existing prior to the enactment of the sign provisions of the Sign Code[3] or any appropriate amendment thereto, but which could
not be erected in accordance with such provisions or amendment.
OBSOLETE SIGNA sign that is no longer relevant to its original intended purpose. E.g., such sign no longer advertises or identifies a business or product sold or direction to event.
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located.
PENNANTA string of shaped, brightly colored pieces of fabric, vinyl, plastic or other material, with or without a message or logo, intended to attract attention.
PERMANENT SIGNA sign made of materials that are intended to last for more than a short period of time and intended for more than short term use, and such sign is attached to a building, attached to a structure, or is attached to the ground in some manner.
PORTABLE SIGNA sign that is movable, is not permanently attached to either the ground, a building, or a permanent structure, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes. A portable sign includes any sign supported by a chassis that is designed to be easily moveable; any sign designed to be transported by means of wheels or skids. This definition excludes any lightweight A-frame base or any sign made out of other moveable items, including but not limited to balloons, banners, flags, and umbrellas.
PROJECTING SIGNA sign attached to or supported by a building or structure in such a manner that it extends more than 12 inches.
REAL ESTATE SIGNA sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or portion thereof located on such lot or tract of land.
ROOF SIGNAny sign erected upon the roof of a building, any portion of which is above the roofline of the building.
SANDWICH BOARD SIGNA portable sign with two or more steeply angled sides. Also known as an "A-frame sign."
TEMPORARY SIGNA sign which is not intended to be used for a period of time to exceed 30 days, nor is attached to a building, to a structure, or into the ground in a permanent manner. Such signs usually being constructed of poster board, cardboard, masonite, plywood or plastic material and mounted to wood, metal, wire or rope frames or supports.
WALL SIGNA sign that is affixed to, painted on, or attached to the wall of the building or other structure and which extends not more than 12 inches from the face of such wall.
WINDOW SIGNA non-electric sign applied or attached to the interior or exterior of a window or door or within three feet of the interior which can be seen from the exterior.
The entire area within a single continuous perimeter enclosing
the extreme limits of writing, representation, emblem or any figure
of similar character together with any frame or other material or
color forming an integral part of the display or used to differentiate
such sign from the background against which it is placed; excluding
the necessary supports or uprights on which such sign is placed. The
area of a sign having more than one display surface shall be computed
as the total area of the exposed exterior display surface area.
The surface of the sign upon, against or through which the
message of the sign is exhibited.
The vertical distance from the uppermost point used in measuring
the area of the sign to the ground immediately below such point or
to the level of the upper surface of the nearest curb or a street
or alley (other than a structurally elevated roadway) whichever measurement
permits the greatest elevation of the sign.
The supports, uprights, bracing and framework for the sign.
A lot or group of contiguous lots not divided by any alley,
street, other right-of-way or the Town limit that is proposed for
development in accord with the provisions of this Zoning Code, and
is in a single ownership or has multiple owners, all of whom join
in an application for development.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Code Enforcement Officer or the Planning Board.
Authority delegated to the Planning Board by the Town Board,
which enables the Planning Board to approve, approve with conditions
or disapprove the site development plans for all buildings or uses
where site plan review is required.
The orientation of streets and lots to the sun so as to permit
individual properties to use passive and/or active solar energy resources.
Includes flat plate, concentrating and tracking collectors,
dissipaters, roof ponds and updated appurtenances.
The space between a solar collector and the sun, which must
be free of obstructions for a solar energy system's effective
operation.
A use which, because of its unique characteristics, requires
special consideration in each case by the Planning Board before a
zoning permit can be issued.
A specifically designed use that would not be appropriate
generally or without restrictions throughout the zoning district but
which, if controlled as to number, area, location, or relation to
the neighborhood, would promote the public health, safety, welfare,
morals, order, comfort, convenience, appearance, prosperity or general
welfare.
A building in which horses or other animals are boarded and/or
in which they are maintained.
A temporary space, eight feet by 18 feet, to be used by motorists
while waiting to use drive-through units, car washes, gas pumps or
other similar uses.
Storage buildings, pole barns, one or two car garages, and
other similar facilities, provided that none of the foregoing facilities
are utilized in an active agricultural operation. Such structures
are typically used for storage purposes and not intended for human
habitation.
[Added 12-12-2019 by L.L.
No. 2-2019]
The initiation, excluding planning and design, of any phase
of a project which creates a physical alteration of the property and
shall include site preparation, such as clearing, grading and filling;
installation of streets and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of temporary forms.
It also includes the placement and/or installation on the property
of accessory buildings, storage trailers and building materials.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it, and not including a cellar or basement except as provided
in the definition of "basement."
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, way, drive,
boulevard, highway, road and any other thoroughfare except an alley.
The lot lines that abut a public street or right-of-way of
a planned street.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The dividing line between the street and the lot as dedicated
by a deed or record. For the purpose of this chapter, where the street
line is not readily determinable, the center line of the improvement
or of the street shall be used to compute the location of the street
line. Also referred to as "right-of-way line."
Those streets serving large volumes of comparatively high-speed
and long-distance traffic and includes facilities classified as main
and secondary highways by the New York State Department of Transportation.
Collector streets link neighborhoods or areas of homogeneous
land use with arterial streets. They serve the dual function of land
access and traffic circulation.
A combination of materials to form a construction for use,
occupancy or ornamentation, including but not limited to buildings,
mobile homes, towers, flagpoles, swing sets, antennas, satellite dishes,
or gas or liquid storage tanks, that require permanent location on
the ground or attachment to something having a permanent location
on the ground.
An area of land divided by owners or agents, either by lots
or by metes and bounds, into lots or parcels two or more in number
for the purpose of conveyance, transfer, improvement or sale of one
or more.
Any body of water or receptacle for water having a depth
at any point greater than two feet, used exclusively for swimming
or bathing and constructed, installed or maintained in or above the
ground outside any building.
A business establishment with a New York State liquor license
authorizing sale of liquor for on-premises consumption in which liquor
sales represent 25% or more of sales receipts.
Towers and/or antennas and uninhabitable accessory structures
used in connection with the provision of cellular telephone service,
personal communication services, digital and/or data communication
services, paging services, radio and television broadcast services
and similar broadcast services (also referred to as "facilities" or
"equipment"). Examples of such structures include utility or transmission
equipment storage sheds or cabinets.
The use of any premises, structure or use for living and/or
sleeping purposes in 180 days or less in any calendar year.
An 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 structures incidental to new construction
which shall be removed after the completion of the construction work.
Any indoor or outdoor place or premises where trucks, tractors
and/or trailers park or are assigned, stationed, fueled, stored, loaded
or unloaded, except when accessory to a manufacturing or commercial
use where said vehicles are used solely for the delivery of supplies
to and/or the transport of manufactured items or commercial goods
or services originating away from said use. Also referred to as a
"truck terminal."
A building or part of a building devoted to the performing
arts or the viewing of motion pictures.
Open land with its appurtenant facilities devoted primarily
to the showing of moving pictures or theatrical productions to patrons
seated in automobiles or on outdoor seats.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
The distance measured from the finished grade of the parcel
to the highest point on the tower or other structure, including the
base pad and any antenna.
The elected legislative body of the Town of Geneseo.
The local laws, ordinances, rules, certain resolutions, and
regulations of the Town that are collectively known as the "Code of
the Town of Geneseo," and hereafter referred to as the "Town Code."
The Town Office and its designated employees of the Town
of Geneseo.
An independent single-family dwelling unit that is one of
a series of dwelling units having a common party wall between each
adjacent unit, each with a private outside entrance.
A building or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
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 side cars, vehicles being towed by a non-rigid support and
vehicles designed and primarily used for other purposes and only occasionally
drawn by such a motor vehicle.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, trailers or boats in
operable condition and where no repair work is done.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational and vacation uses and not for year-round
living.
The edge of a habitat or wooded area at which trees are capable
of growing.
The specific purpose for which land, building, or structure
is designed, intended, arranged, used or maintained.
Any change in the type or nature of occupancy of a building
or land, except the following:
A change in the volume of use without any physical extension
of sales and/or service area.
An expansion or substitution of accessory or incidental uses
in connection with the established principal use, except that in no
case shall such an accessory or incidental use dominant in area or
purpose the principal lawful use.
A change in ownership.
A change to a generically similar use.
All water, sanitary sewer, gas, electric, telephone, cable
television facilities and any easements through or over which said
facilities may be constructed or installed in or in connection with
a development.
The Board of Appeals' authorized departure to a minor
degree from the text of this chapter in direct regard to a hardship
peculiar to an individual lot in accordance with the procedures set
forth in this chapter and by the State of New York.
An authorized departure from the size or shape of lot, yard,
building height, building coverage, parking or other regulations governing
area requirements.
An authorized departure from the requirements for the use
of land for a purpose that is otherwise not allowed or prohibited
by this chapter.
A facility that provides medical care to animals, which is
run by a doctor of veterinary medicine (DVM). Animals may be kept
in the facility during the recovery period or while under medical
treatment. Also referred to as an "animal hospital."
A passage or path designated for pedestrian activity or walking.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment but excluding bulk storage of materials
that are inflammable or explosive or that create hazardous or commonly
recognized offensive conditions.
Vehicles, both motorized and person-powered, which are used
for mobility on the water, including but not limited to motorboats,
canoes, and kayaks.
A privately-owned structure, facility, or site where weddings
and associated events are conducted in exchange for compensation.
This shall include any previously existing structures so altered,
updated, or renovated for the purposes of providing event space in
exchange for compensation. Any such structure shall obtain a certificate
of occupancy from the Town Office prior to its intended date of occupancy.
Areas designated as freshwater wetlands by the New York State
Department of Environmental Conservation or the Army Corps of Engineers,
as prescribed by law.
An object, often made of concrete, which is placed at the
front of a parking space to prevent vehicles from pulling too far
into the space and striking the wall, landscape, or other objects
that may be on the other side of the space.
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 area of habitat designated for the connection of wildlife
populations that are separated by human activities or structures.
An alternate energy device which converts wind energy by
means of a rotor to mechanical or electrical energy. A wind generator
may also be deemed a "windmill."
An open space, as may be required by this chapter on the
same lot with a building or a group of buildings, which open space
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 specified elsewhere in this chapter.
YARD, FRONTA yard between the front lot line and the front line of a building extended to the side lot lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line.
YARD, REARA yard between the rear lot line and rear line of a building extended to the side lot lines of the lot. The depth of the rear yard shall be measured between the rear lot line and the rear line of the building.
YARD, SIDEThe area between the side building line and the related side lot line and between the front yard and the rear yard.
The officially established Zoning Board of Appeals of the Town of Geneseo with the duties and responsibilities identified in Part 5 of this chapter. Also referred to as "Zoning Board" or "Board of Appeals."
