For the purpose of this chapter, the following terms and words
shall be interpreted as follows:
A.
The word "person" includes a firm, association, organization, partnership,
trust, company, agency, society or corporation as well as an individual.
B.
The word "he" shall be considered a generic term and can also be
construed as "she."
C.
Words used in the present tense include the future tense.
D.
The singular includes the plural, and the plural includes the singular.
E.
The words "shall" and "must" are mandatory.
F.
The words "used" or "occupied" include the words "intended, designed,
or arranged to be used or occupied."
G.
The word "lot" includes the words "plot or parcel."
As used in this chapter, the following terms shall have the
meanings indicated:
Any building which is subordinate to and which used is incidental
to the use of the principal building located on the same lot. Where
an accessory building is attached to the main building in a substantial
manner, as by a wall or roof, such accessory building shall be considered
part of the main building.
Use which is customarily accessory and clearly incidental
and subordinate to the principal use of building and located on the
same lot with such principal use or buildings.
For the purpose of calculating lot area under this chapter,
an acre shall be considered to consist of 43,560 contiguous square
feet.
The use of a parcel of land for agricultural purposes, including
tilling of the soil, dairying, pasture, apicultures, arboriculture,
horticultures, floriculture, aquatic farming, harvesting of trees
and animal husbandry. It includes the necessary accessory uses and
structures for packing, treating and storing of products, produce
and equipment, provided that the operation of any such accessory use
shall be secondary to that of normal agricultural activities.
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extending to a side or by increasing
the height or moving from one location to another.
Structures, equipment, devices, or construction techniques
used for the production of heat, light, cooling, electricity, or other
forms of energy from solar, wind, water, and other sources.
A business that treats animals and regularly houses them
on the premises overnight and for extended periods of treatment.
The care and breeding of domestic animals, including, but
not limited to, cattle, hogs, horses, poultry and sheep. For purposes
of this chapter, operation of a kennel shall not be considered animal
husbandry. Animals for educational or cultural projects are exempted.
Any individual, corporation, estate, trust, partnership,
joint-stock company association of two or more persons, limited liability
company, or entity that submits an application for any building or
zoning use.
The form, together with all necessary and appropriate documentation,
required of the applicant to receive any building or zoning use permit.
An establishment in a private dwelling that supplies temporary
accommodations to overnight guests for a fee. Meals may or may not
be provided. Tourist homes, boardinghouses, and inns are included
here; however, rest homes or homes for the aged are not.
The extraction of our native Catskill region stone commonly
referred to as "bluestone."
A site able to support a habitable structure with required
separation distances for a well and septic system that will not adversely
affect neighboring sites and water supplies. The site must also be
accessible to emergency vehicles as required by law.
A structure wholly or partially enclosed with exterior walls
and a roof, affording shelter to persons, animals or property.
The storage of chemicals, petroleum products and other materials
in aboveground containers for subsequent resale to distributors or
retails dealers or outlets. In addition, the definition includes all
storage of more than 1,100 gallons if the product is to be used on
site and is not for resale.
Offices in which an occupation or vocation requiring advanced
study in a specified field is practiced. Examples are: medical, law,
engineering, surveying, insurance and real estate offices.
The construction of facilities to house or support telecommunications
towers or antennas so that they blend readily with the landscape,
neighborhood, and adjacent architectural features. Examples of camouflaging
include, but are not limited to, silos, barns, windmills, and simulated
trees.
A parcel of land used or intended to be used, in whole or
in part, by a private, or commercial institution to place two or more
travel trailer, tents and/or other temporary or movable sleeping accommodations.
A structure designed or intended primarily for the washing
of automobiles, including conveyor, drive-through and self-service.
Property used for the interring of the dead.
A form of protection afforded the owner or occupant of a
structure by serving as proof of compliance with the regulations in
effect at the time of construction or alteration.
Any organization catering exclusively to members and their
guests, or premises and buildings, for recreational or athletic purposes
and not open to the general public, which are not conducted primarily
for gain, provided there are no vending stands, merchandising or commercial
activities, except as required for the membership and purposes of
such club. Clubs shall include lodges and fish clubs, mutual-benefit
societies, and other like organizations.
A form of development for single-family residential subdivision
that permits a reduction in lot area and bulk requirements, provided
there is no increase in the number of lots permitted under conventional
subdivision and the resultant land area is devoted to open space.
The mounting of antenna(s) or other telecommunications equipment
used by two or more providers, persons, firms or corporations on the
same antenna support structure, monopole, or antenna tower.
An individual appointed by the Town Board and given the responsibility
to oversee and enforce all codes set forth in the Town relating to
the maintenance of the general public welfare.
Land and/or building used to raise flowers, plants, shrubs,
trees or produce for sale.
A parcel of land which may include facilities for recreation
purposes, utilized by the public for a fee. Activities include, but
are not limited to, bowling alleys, ski slopes, tennis courts and
golf courses, swimming pools, movie houses, drive-in theaters and
health clubs.
A structure or set of structures containing separate storage
spaces of varying sizes leased or rented on an individual basis.
A building, or group of buildings, in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
The turnaround at the end of a dead-end street.
Indoor or outdoor establishments promoting social and intellectual
advancement, such as libraries, museums, art galleries, concert halls
and theaters, but excluding movie houses and drive-ins.
An assessment of existing natural and man-made elements relating
to land, water, air, plant, animal, people, and community character
in Walton and an indication of the suitability of particular areas
for development.
Any concave, circular or dish-shaped device designed for
receiving communication or television signals from space, but does
not include conventional television, radio and amateur radio antennas.
An establishment which, by design, physical facilities, service,
or by packaging procedure, encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A building designed or used as the living quarters for one
or more families. The term "dwelling" shall include seasonal homes,
modular homes, and mobile homes, provided that they meet all of the
requirements of this chapter, the Town of Walton Building Code,[1] and all other regulations or ordinances applicable to
dwellings.
A building, or entirely self-contained portion thereof, containing
housekeeping facilities for only one family, including any domestic
servants employed on the premises, and having no enclosed space (other
than vestibules, entrances or other hallways or porches) and no cooking
or sanitary facilities in common with any other dwelling unit. A boardinghouse,
dormitory, hotel, inn, nursing home or similar structure shall not
be deemed to constitute a dwelling unit.
A building containing only one dwelling unit and occupied
by one family, members of which are employed on the farm.
A residential building designed for or occupied by three
or more families with the number of families in residence not exceeding
the number of dwelling units provided.
A building containing only one dwelling unit and occupied
by one family.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside;
no unit is located over another unit; and each unit is separated from
any other unit by one or more common fire-resistant walls.
A detached building designed for year-round occupancy by
two families living independently of each other, other than a mobile
home, recreational vehicle, camp, or rooming house.
A parcel of land which includes facilities primarily used
for the sale of prepared food or beverages for public consumption.
An institution, either public or private, providing full-time
day instruction and a course of study which meets the requirements
of the New York State Education Law or a nursery, day care or kindergarten
which meets all pertinent requirements set by the New York State Education
Law and/or the New York State Health Code.
A facility utilized to display merchandise for wholesale and retail purchase which is operated in conjunction with a manufacturing operation maintained in the Town of Walton, which facility is not simply used for retail trade, as defined in this § 200-7.
The area in which any portion of a telecommunications or
other such tower could or would fall, collapse or plunge to earth.
The fall zone shall be no less than the lateral equivalent of the
height of the structure plus 50% of the height of the structure.
A distance of 1 1/2 times the height of the wind energy
conversion system as measured as a vertical distance from the preconstruction
or post-construction grade, whichever is lower, at the tower base
to the highest point (apex) of the rotor blade.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
One or more persons occupying a single dwelling unit and
living as a single, nonprofit, housekeeping unit.
Not less than 10 acres of land, used in the preceding two
years for the production for sale of crops, livestock and livestock
products with an average gross sales value of $10,000 or more. Includes
land which otherwise satisfies the requirements for eligibility for
agricultural value assessment.
An agricultural operation where the keeping of animals is
primarily for the enjoyment and/or consumption of food for the household
and where any income generated is not more than 1/2 of the household's
total income.
A financial security in an amount sufficient to guarantee
the installation of basic public improvements. Such improvements may
include, but are not limited to, public water supply, sewage disposal
systems, storm drains and sewers, roads, pavement markings, traffic
signs and signals and sidewalks. Acceptable financial securities must
be approved by the Town Attorney and the Town Board and may be in
one of several forms, including, but not limited to, a performance
bond executed by a surety company, a certified check, or an irrevocable
letter of credit drawn in favor of the Town.
A lot not meeting the required frontage along a public or
private road and where access to this road is by a narrow strip of
land.
An occasional or periodic market held in an open area or
structure where individuals or groups of individual sellers offer
goods for sale to the public.
An area of land susceptible to being inundated by water as defined and mapped in Chapter 127, Flood Damage Prevention, as amended, adopted by the Town of Walton pursuant to the National Flood Insurance Program.
For residential units, "floor area" is all heated and ventilated
and, thereby, habitable areas within the dwelling unit, including
basement and habitable attic space.
Management of natural vegetation for timber harvesting, firewood,
wildlife habitat improvement, and water quality.
An accessory building or part of a principal building used
for the storage of one or more motor vehicles, provided that no business,
occupation or service is conducted for profit therein. A carport or
similarly covered area for the storage or housing of one or more automobiles,
with or without walls, but not fully enclosed, is part of this definition.
Any garage, other than private garage, operated for gain
or available on a rental basis for the storage of motor vehicles.
The total number of square feet of floor space within a building,
which is enclosed and usable for human occupancy or the conduct of
business. Unheated basements and attached garages are excluded.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, special hospital,
public health center, diagnostic center, treatment center, rehabilitation
center, extended care facility, skilled nursing home, nursing home
and home health care agency.
The vertical distance measured from the elevation of the
finished grade to the high point of a structure.
An occupation or other subordinate use of a nonresidential nature which is conducted within a dwelling unit, or building accessory thereto, which is clearly incidental and accessory or secondary to the use of the property for residential purposes (see § 200-49).
A facility offering transient lodging accommodations to the
general public and providing additional service, such as restaurants,
meeting rooms, and recreation facilities.
Any area, lot, land, parcel, building, or structures, or
part thereof, used for the storage, collection, processing, purchase
or sale, disassembly, packing, sorting, salvage, buying, selling or
exchange of wastepaper, rags, scrap metal or other discarded or scrap
goods, materials machinery; or two or more unregistered, inoperable
motor vehicles. Automobile junkyards, as defined in the General Municipal
Law, Section 136, shall be included within this definition.
A place for the care of four or more nonowned dogs and/or
breeding of four or more dogs.
A designated parcel, tract or area of land, established by
plat, subdivision, or other legal means, to be used, developed or
built upon as a unit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The total area included within lot lines and shall be as
determined by the most recent official records or recordings on the
Walton Tax Maps or by survey calculation.
The percentage of the lot area that is covered by the buildings
or paved areas on the lot.
The minimum distance from the road right-of-way line of a
lot to the rear lot line of such lot.
Any boundary of a lot. Any lot line not a rear line, nor
a front line shall be deemed a side line.
The front of a lot shall be construed to be the portion adjacent
to or nearest the road. On corner lots and through lots, all sides
adjacent to roads shall be considered front yards.
The lot line generally opposite the front lot line.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The distance between side lot lines at the front building
line as prescribed by the front setback regulations.
A lot or parcels of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
Any process whereby the nature, size or shapes of articles
or raw materials are changed, or where articles are assembled.
Operations extracting gravel, rock, stone, sand, fill, topsoil
or minerals, excluding bluestone quarrying from the surface or below
the ground in the amount of 1,000 tons or more during any successive
12 months, or any size operation within 25 feet of a state, county
or town highway, property line, or habitable building, for sale as
an industrial or commercial operation, but does not include the process
of grading a lot preparatory to the construction of a building.
A building or structure with two or more different uses,
such as, but not limited to, residential, office, manufacturing, retail,
public, or entertainment.
A factory-built, one-family dwelling constructed on a chassis
to facilitate its transportation to the site. Such structure shall
be self-contained single units (excludes modular homes), and shall
meet the Mobile Home Construction and Safety Standards of the United
States Department of Housing and Urban Development and the applicable
codes of the New York State Uniform Fire and Building Code. A mobile
home shall not be construed to be a travel trailer or recreational
vehicle.
A parcel of land under single ownership which has been specifically
planned and improved for the long term placement (over 30 days) of
three or more mobile homes for nontransient use.
A building or group of buildings providing individual sleeping
accommodations complete with bathrooms for travelers. Each lodging
unit has direct access to the outside and a parking spot.
A building or portion of a building arranged intended or
designed to be used for making repairs to motor vehicles and operated
for gain.
A building, structure, use of land or lot, lawfully existing
at the time of enactment of this chapter, which does not conform to
the regulations of the district or districts in which it is located
as a result of the enactment of or subsequent amendment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
See "commercial gardening" to raise flowers, shrubs, trees,
and plants.
An area between buildings, or between a building and a boundary
line of the parcel, that is situated for recreation, gardening, or
other outdoor activities conducive to the principal lot use and size.
Such space must be free of automobile traffic, parking and undue hazards,
as well as being readily accessible to all those by whom it shall
be used.
Any recreational use particularly oriented to and utilizing
the outdoor character of a parcel, including, but not limited to,
snowmobile, trail bike, jeep and all-terrain vehicle trails; bicycle
trail; horse trail; playground; picnic area or similar use in which
no major physical alteration to the land occurs.
An off-street, paved or unsurfaced space which is accessible
and available for the parking of one motor vehicle.
A criterion established to control nuisances, including,
but not limited to, noise, odor, smoke, toxic or hazardous matter;
vibration, fire and explosive hazards; and glare or heat generated
by, or inherent to, uses of land or buildings.
For the purpose of this chapter, any use which is allowed
by right in a zoned district without review by the Planning Board.
The Town of Walton Planning Board.
One who generates cellular telephone service, personal communication
services (PCS), paging services, radio and television broadcast services
and similar broadcast services and have acquired wireless operating
licenses through the FCC auction process.
All village-, Town-, city-, county-, state- and federal-government-owned
buildings and land, including, but not limited to, town halls and
highway department garages. In addition are telephone, electric and
cable television lines, poles, equipment and structures; water or
gas pipes, mains, valves or structures; sewer pipes, valves or structures;
pump stations; telephone exchanges and repeater stations; and all
other facilities, equipment and structures necessary for conducting
a service by a government or a public utility.
Land in public ownership set aside for public use which may
or may not have developed recreational facilities, such as playgrounds,
tennis courts, horse and bike trails, baseball fields, picnic areas,
swimming pools, and/or lavatories.
Includes boats and boat trailers, pickup campers or coaches
(designed to be mounted on automotive or truck vehicles), motorized
dwellings, travel trailers, and the like, and cases or boxes used
for transporting recreational equipment, whether occupied by such
equipment or not.
Church, temple, parish home, convent, seminary and retreat
house.
A facility for transient guests where the primary attraction
is generally recreational facilities or activities.
An enclosed store engaged in selling goods or merchandise
to the general public, for personal or household consumption, and
rendering services incidental to the sale of such goods.
A public or private way which affords the principal means
of access to abutting properties.
The right-of-way line of a road as indicated by usage, dedication,
or by deed of record.
A permanent or temporary structure used for the display,
support, and protection of products with the intent to sell to buyers.
Publicly operated solid waste disposal in which the waste
is spread in thin layers, compacted, and covered with soil at the
end of each day.
Establishments providing services or entertainment, as opposed
to products, to the general public, including personal, business,
repair, educational, and other personal convenience services, including,
but not limited to, coin-operated laundry, cleaning and garment services,
photographic studios, beauty shops, barbershops, shoe repair, funeral
services, clothing rental, reducing salons and tanning parlors.
An establishment available to the public, operated for gain,
and which is used for storage, repair, rental, greasing, washing,
servicing, adjusting, fueling, or equipping of automobiles or other
motor vehicles.
The required open space extending across the entire width
of the lot between the road center line and the front of the main
building.
The required open space extending across the entire width
of the lot between the rear lot line and the back of the main building.
The required open space extending from the rear setback line
and the front setback line between the side lot line and the side
of the main building.
The visual effect of viewing the moving shadow of the wind
energy conversion system (WECS) rotor blades when they are in a position
between the receptor (person viewing them) and the sun and/or the
"strobe" lighting effect of this condition as perceived by the receptor,
whether directly or indirectly (as in a reflection off a light-colored
wall).
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Two or more commercial establishments planned, constructed,
and managed as a total entity with customer and employee parking provided
on site, provisions for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
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 Planning Board.
A review and approval process, conducted by the Planning
Board, whereby site plans are reviewed utilizing criteria stated in
this chapter and as authorized by the Town Law.
A "coverage ring" is the total contiguous land area that
is intended to be served by a cell site base station facility. A site
search ring is the area inside a coverage ring within which a suitable
friendly structure or land-lease parcel must be acquired for use as
a base station facility.
A use which, because of its unique characteristics, requires
individual consideration through a review procedure established by
the Planning Board, and may require certain conditions and safeguards
before being permitted.
A non-FCC-licensed purveyor seeking to erect a tower with
or without a contract with an FCC-licensed company.
See "farm, hobby."
Anything constructed or erected, the use of which requires
location on the ground or attached to something having a location
on the ground.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, parcels or divisions of land for any purpose.
Any extension, repair, reconstruction, or other improvement
of a structure, the cost of which equals or exceeds 50% of the fair
market value of the structure, either before the improvement is started
or, if the property has been damaged and is being restored, before
the damage occurred. The term does not include any project for improvement
of a structure to comply with existing state or local health, sanitary,
or safety code specifications which are solely necessary to assure
safe living conditions.
A system of electrical conductors that transmit or receive
radio frequency waves.
Any or all of the physical elements of the central cell facility
that contains all the receivers, transmitters and other apparatus
needed for wireless communications operation [also known as the "base
transceiver station (BTS)."]
A structure on which one or more antenna(s) will be located
that is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for an FCC-licensed
carrier, but excluding those used exclusively for fire, police and
other dispatch communications, or exclusively for private radio and
television reception and private citizens bands amateur radio and
other similar private residential communications.
The support structure, including guyed, monopole and lattice
types, upon which a wind turbine, nacelle, generator and other mechanical
and electrical devices are mounted.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The vertical distance from the preconstruction or post-construction
grade, whichever is lower, at the tower base to the center of the
horizontal axis of the rotor blade.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An area and the building where trucks load and unload cargo
and freight and where the cargo and freight may be broken down or
aggregated into smaller or larger loads for transfer to other vehicles
or modes of transportation. A truck terminal may include the storage
or parking of trucks as well as facilities for servicing and repairing
trucks.
The parts of a small wind energy system, including the blades,
generator and tail.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The specific purpose or activity for which land or buildings
are designed, arranged, or intended, or for which land or buildings
are occupied or maintained.
Permission to depart from the literal requirements of this
chapter.
A departure from the area setback, frontage, coverage, size
or other requirements of the applicable zoning district, or a departure
from any provision of this chapter except use.
A variance granted for a use or structure that is not permitted
in the zoning district.
Storage facilities operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field.
That area in which all of the surface runoff is concentrated
into a particular stream.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users; or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
Management of natural wildlife and associated habitats with
the intent to enhancing such.
Any machine or wind facility that converts the kinetic energy
in the wind into electricity, including all related infrastructure,
electrical lines and substations, access roads and accessory structures.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
An open space that lies between the principal or accessory
building or buildings and the nearest lot line.
An open, unoccupied space on the same lot with a building,
between the front setback line and the front lot line, and extending
the full width of the lot.
An open space, unoccupied except for accessory buildings,
on the same lot with a building, between the rear setback line and
rear lot line and extending the full width of the lot.
An open space, unoccupied except for accessory buildings,
on the same lot with a building, situated between the building and
the side lot line, and extending from the front yard to the rear yard.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
The Town of Walton Board of Appeals.
An area within the Town of Walton for which the regulations
and requirements governing land use and structures upon it are uniform.
