Town of Lyons, NY
Wayne County
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This chapter shall be known and may be cited as the "Town of Lyons Zoning Law."
The purpose of this chapter is to classify, regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size, depth and width of yards and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes; to establish districts and the boundaries thereof for said purposes; and to provide for the administration and enforcement of this chapter so as to promote the public health, safety, morals, and general welfare of the Town of Lyons.
For purposes of interpretation and application, the provisions of this chapter shall be held to be the minimum requirements necessary for the promotion of the public health, safety, comfort, convenience and general welfare.
The provisions of this chapter shall not be construed so as to interfere with, supersede, or annul any law, ordinance, code or regulation affecting the safety, construction or sanitation of any building or structure, provided that whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, laws or ordinances, the most restrictive, or that imposing the higher standards, shall govern; nor shall the provisions of this chapter annul or interfere with existing deed or plat restrictions, easements or other agreements between persons, or permits previously adopted or issued, except those sections thereof which are contrary to and in conflict with this chapter.
If a court of competent jurisdiction should find any article, section, subsection, paragraph, sentence, clause or provision of this chapter invalid, in whole or in part, the effect of such decision shall be limited to those articles, sections, subsections, paragraphs, sentences, clauses or provisions which are expressly stated in the decision to be invalid, and the remainder of this chapter shall be and remain in full force and effect.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used"; and the word "shall" is mandatory and not optional.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A supplemental building, the use of which is incidental to that of the main or principal building and located on the same lot therewith.
ACCESSORY LIVING QUARTERS
An accessory building used solely as the temporary dwelling of guests of the occupants of the premises; such dwelling having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
ACCESSORY STRUCTURE
A structure not greater than 3,000 square feet in floor area, and not over two stories in height, the use of which is customarily accessory to and incidental to that of the dwelling(s) and which is located on the same lot.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ADULT BOOKSTORE
An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on the premises which are distinguished or characterized by their emphasis on sexually explicit material, or an establishment or business containing a segment or section devoted to the sale or display of such material.
ADULT CARE FACILITY
A family-type home for adults, a shelter for adults, a residence for adults, an enriched housing program or adult home which provides temporary or long-term residential care and services to adults who, though not requiring continual medical or nursing care, are, by reason of physical or other limitations associated with age, physical or mental disabilities or other factors, unable or substantially unable to live independently.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building or structure or portion of a building or structure used for presenting sexually explicit material as a dominant theme or emphasis for observation by patrons therein.
ADULT USE
Any establishment or business involved in the dissemination of sexually explicit material as defined in this chapter, including but not limited to adult bookstores and adult motion-picture theaters.
AGRICULTURAL ACTIVITY
A customary farm occupation; farm service use; hog, pig, poultry and fur-bearing animal farm; riding academy; livery stable; farm-related use; farm labor housing; large-scale cattle or dairy farm; or roadside stand.
AGRICULTURAL BUILDING
A structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public.
AGRICULTURAL ENVIRONMENTAL MANAGEMENT (AEM) PLAN
A comprehensive farm management plan, developed by an agricultural engineer, which details various methods and strategies to be used in mitigating any adverse environmental impacts resulting from agricultural activities, in accordance with generally accepted good farming practices.
AGRICULTURAL SIGN
A sign which advertises an agricultural activity.
AGRICULTURAL STRUCTURE
Any customary nonresidential farm building, including barns, storage sheds, milking parlors, animal pens, silos, grain bins, corn cribs, silage bunkers, windmills, and similar structures when used in conjunction with agricultural activities.
AIRPORT
An area of land or structural surface that is used, or intended for use, for the landing and taking off of aircraft with an overall length greater than 39 feet and an overall exterior fuselage width greater than 6.6 feet, and any appurtenant areas that are used or intended for use for airport buildings and other airport facilities.
ALTERATION
A change or rearrangement in the structural parts of an existing building or structure, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location or position to another.
ALTERATION, STRUCTURAL
Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, including additions thereto.
AMBULATORY CARE FACILITY
Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less-than-twenty-four-hour basis to persons who are not rendered incapable of self-preservation by the services provided.
AMUSEMENT CENTER
An establishment offering five or more amusement devices, including, but not limited to, coin-operated electronic games, shooting galleries, table games and similar recreational diversions within an enclosed building.
APARTMENT COMPLEX
Two or more detached multiple dwellings located on a parcel of land in one ownership or cooperative ownership and having a yard or court in common.
APARTMENT GARAGE
A detached accessory structure containing a private garage on the first floor and a single dwelling unit on the first and/or second floor.
APPROVED
Acceptable to the Code Enforcement Officer.
ATTIC
The space between the ceiling beams of the top story and the roof rafters.
ATTIC, FINISHED
A finished area enclosed by the roof above, knee walls (if applicable) on the sides, and floor, and having level ceilings at least seven feet high, and at least six feet four inches under beams, ducts and other obstructions. If a room has a sloped ceiling, at least one-half of the finished floor area must have a ceiling height of at least seven feet. Finished attics must be accessible by a conventional stairway or other approved access.
AUTOMATIC FIRE ALARM SYSTEM
A building system designed to detect the presence of heat, smoke or flame; and which, upon such detection, relays an alarm to the local fire department.
AUTOMOBILE SALES
The sale or offering for sale of three or more vehicles on any lot within any one-year period of time.
AUTOMOBILE SALES AND SHOWROOM
An open or enclosed area, other than a street, used for the display, sale or rental of new or used motor vehicles in operable condition.
AUTOMOTIVE MOTOR FUEL-DISPENSING FACILITY
That portion of property where flammable or combustible liquids or gases used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles.
AWNING
An architectural projection that provides weather protection, identity or decoration and is partially or wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which a covering is attached.
BARN CONVERSION
The changing of use of an agricultural structure to residential use.
BASEMENT
A story of a building which is partly or wholly underground.
BED-AND-BREAKFAST ESTABLISHMENT
A dwelling, other than a hotel or motel, incidental to and located within an owner-occupied single-family residence, which accommodates no more than 10 transient lodgers, with meals provided or offered, for compensation.
BEDROOM
Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.
BLEACHERS
Tiered seating supported on a dedicated structural system and two or more rows high and not a building element.
BOARDINGHOUSE
A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.
BOATHOUSE
A house or shed for sheltering boats, usually but not necessarily located on the shoreline of a water body.
BONFIRE
An outdoor fire utilized for ceremonial purposes.
BUILDING
A structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.
BUILDING (OR FRONT SETBACK) LINE
A line parallel to the front lot line, between which line and the front lot line no building may be built.
BUILDING AREA
The total horizontal area measured at the main grade level of the principal building and all accessory structures, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
BUILDING HEIGHT
The vertical distance measured from the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, silos, towers, tanks, and similar projections.
BUILDING, MAIN OR PRINCIPAL
A structure in which is conducted the principal use of the site on which it is located. In any residential (R-A or R-1) district, any dwelling shall be deemed to be a principal building on the zone lot on which the same is located.
BULK PLANT OR TERMINAL
That portion of a property where flammable or combustible liquids are received by tank vessel, pipelines, tank car or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank or container.
CABIN, RECREATIONAL
A building used or intended to be used as temporary shelter, for recreational purposes such as hunting, fishing, camping or hiking, but which does not include plumbing facilities.
CAMP
Any one or more of the following, other than a hospital, place of detention, or school offering general instruction:
A. 
Any area of land or water on which are located two or more cabins, tents, trailers, shelters, houseboats or other accommodations of a design or character suitable for recreational purposes, regardless of whether such structures or other accommodations actually are occupied seasonally or otherwise; or
B. 
Any land, including any building thereon, used for any assembly of persons for what is commonly known as "day camp" purposes; and any of the foregoing establishments, whether or not conducted for profit and whether or not occupied by adults or children, either as individuals, families or groups.
CAMPGROUND
Any parcel or tract of land under the control of any person, organization, or governmental entity wherein two or more campsites are offered for use by the public or members of an organization for overnight stays.
CAMPING TENTAGE
Any portable temporary shelter or structure designed to protect persons from the elements or to form an enclosure or screen, all or a portion of the covering of which is made of fabric or other pliable materials. This includes, but is not limited to, the following: camping tents, play tents, recreational vehicle awnings, dining flies and canopies, fabric screen houses, add-a-rooms, ice fishing tents, back-pack tents, and camping tent trailers.
CANOPY
A structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration, and may be structurally independent or supported by attachment to a building on one end and by not less than one stanchion on the outer end.
CERTIFICATE OF OCCUPANCY
A statement signed by the Zoning Inspector setting forth either that a building or structure complies with the provisions of this chapter, or that a building, structure or parcel of land may lawfully be employed for specified uses, or both.
CHANGE OF OCCUPANCY
A change in the use of a building or portion of a building. A change of occupancy shall include a change of occupancy classification, any change from one group to another group within an occupancy classification or any change in use within a group for a specific occupancy classification.
CIDER MILL
A facility for processing apples or other fruits into juice or cider, which may include retail sales to the general public.
CLINIC, OUTPATIENT
Buildings or portions thereof used to provide medical care on a less-than-twenty-four-hour basis to persons who are not rendered incapable of self-preservation by the services provided.
CODE ENFORCEMENT OFFICER
See "Zoning Inspector."
COMMERCIAL CENTER, REGIONAL
A completely planned and designed commercial development providing for the sale of general merchandise and/or convenience goods and services. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.
COMMERCIAL LOGGING OPERATION
A use or activity in which trees are cut down and cut into logs for transport to a sawmill or other industry, for profit. This definition shall not apply to the farming of Christmas trees and other nursery uses, the seasonal sale of firewood, or the clearing of land for agricultural purposes or as may be necessary to perform work authorized by a building permit.
COMMERCIAL MOTOR VEHICLE
A motor vehicle used to transport passengers or property where the motor vehicle has a gross vehicle weight rating of 10,000 pounds or more or is designed to transport 16 or more passengers, including the driver.
COMMERCIAL SELF-SERVICE STORAGE FACILITY
A building having two or more tenants or occupants that is used for the purpose of storage of personal property, when conducted as a business.
COMMISSARY
An establishment where food is manufactured, stored, prepared, portioned or packaged, or any combination of these, where such food is intended for consumption at another establishment or place. It is also the place which is used as the base of operations for one or more mobile food service establishments or pushcarts, where such unit or units are serviced, cleaned, supplied, maintained, and where the equipment, utensils and facilities are serviced, cleaned and sanitized.
COMMUNITY GARDEN
An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food ornamental crops, such as flowers, for personal or group use, consumption, sale, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
COMPOST
A humus-like organic material resulting from the biological decomposition of solid waste.
COMPOSTING
Combining organic wastes (e.g., yard trimmings, food scraps, manures) in proper ratios into piles or rows, or vessels; adding moisture and bulking agents (i.e., wood chips) as necessary to accelerate the breakdown of organic materials; and allowing the finished material to fully stabilize and mature through a curing process.
CONGREGATE LIVING FACILITIES
A building or part thereof that contains sleeping units where residents share bathroom or kitchen facilities, or both.
CONSUMER FIREWORKS RETAIL SALES FACILITY (CFRS FACILITY)
A permanent or temporary building or structure, stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public.
CONVALESCENT HOME
See "nursing home."
CONVERSION
A change of occupancy or use of a building from a one-family dwelling to a two-family dwelling or multiple dwelling.
COTTAGE
A single-family dwelling used or intended to be used as a seasonal residence only.
COVERED MALL BUILDING
A single building enclosing a number of tenants and occupants such as retail stores, drinking and dining establishments, entertainment and amusement facilities, passenger transportation terminals, offices, and other similar uses wherein two or more tenants have a main entrance into one or more malls. Anchor buildings shall not be considered as a part of the covered mall building. The term "covered mall building" shall include open mall buildings as defined below.
A. 
An exterior perimeter building, of an occupancy other than High-Hazard Group H, having direct access to a covered or open mall building but having required means of egress independent of the mall.
B. 
A public seating area located in the mall that serves adjacent food preparation tenant spaces.
C. 
A roofed or covered common pedestrian area within a covered mall building that serves as access for two or more tenants and not to exceed three levels that are open to each other. The term "mall" shall include open malls as defined below.
D. 
An unroofed common pedestrian way serving a number of tenants, not exceeding three levels.
E. 
Several structures housing a number of tenants, such as retail stores, drinking and dining establishments, entertainment and amusement facilities, offices and other similar uses, wherein two or more tenants have a main entrance into one or more open malls. Anchor buildings are not considered as a part of the open mall building.
CUSTOMARY FARM OCCUPATION
A principal or accessory use for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, livestock, dairy products, nuts, honey, wool and hides, but shall not include riding academies, livery stables, kennels, sawmills, commercial logging operations or hog, pig, poultry and fur-bearing animal farms as defined herein. A garden accessory to a residential use shall not be deemed a farm or farm use.
DANGEROUS
Any building, structure or portion thereof that meets any of the conditions described below shall be deemed dangerous:
A. 
The building or structure has collapsed, has partially collapsed, has moved off its foundation or lacks the necessary support of the ground.
B. 
There exists a significant risk of collapse, detachment or dislodgment of any portion, member, appurtenance or ornamentation of the building or structure under service loads.
DAY CARE, FAMILY
The keeping for part-time care and/or instruction, whether or not for compensation, of six or fewer children at any one time within a dwelling, not including members of the family residing on the premises.
DAY-CARE FACILITY
An activity providing for the care and supervision of minors away from their own homes as a daily program, such as day nursery, preschool program or day-care center.
DETACHED BUILDING (HAZARDOUS MATERIALS)
A separate single-story building, without a basement or crawl space, used for the storage or use of hazardous materials and located an approved distance from all structures.
DORMITORY
A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management.
DRIVE-THROUGH FACILITY
An establishment where a patron is provided with products or services without departing the vehicle. Also includes facilities that are labeled "drive-thru," "drive-in," and "drive-up." Drive-through facilities may serve the primary use of the site or may serve accessory uses. Examples are drive-up windows; menu boards; order boards or boxes; gas pump islands; car wash facilities; auto service facilities, such as air compressor, water, and windshield washing stations; quick-lube or quick-oil change facilities; and drive-in theaters.
DRIVEWAY
A private access road, the use of which is limited to persons residing, employed, or otherwise using or visiting the parcel in which it is located.
DRY-CLEANING PLANT
A facility in which dry cleaning (i.e., cleaning by solvents) and associated operations are conducted, including the office, receiving area, and storage rooms.
DUMP
A lot of land or part thereof used primarily for the disposal, abandonment, dumping, burial, burning, or by any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING
Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons.
DWELLING UNIT
A single unit, providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
DWELLING, MULTIPLE
A building containing three or more dwelling units.
DWELLING, ONE-FAMILY
A building that consists solely of one dwelling unit.
DWELLING, TWO-FAMILY
A building that consists solely of two dwelling units.
DWELLING, UPPER STORY OVER BUSINESS
A dwelling unit located on the second floor or higher of a building with nonresidential uses located on the street level.
EQUIPMENT PLATFORM
An unoccupied, elevated platform used exclusively for mechanical systems or industrial process equipment, including the associated elevated walkways, stairways, alternating-tread devices and ladders necessary to access the platform.
EXTRACTIVE INDUSTRY
A lot of land or part thereof used for the purpose of extracting stone, sand, gravel, or other mineral substance, or topsoil for sale, as an industrial operation, and exclusive of the process of excavating or grading a lot or lots preparatory to the construction of a building.
FAMILY
One or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from a group occupying a rooming house, motel, hotel, club or fraternity.
FARM
A tract of land, including all of the structures thereon, which is devoted to an agricultural activity. This definition shall include all contiguous farmland, whether owned, rented or leased as part of an independently operated agricultural activity.
FARM ANIMAL REMAINS
Any carcasses or less-than-skeletal remains of dead farm animals.
FARM ANIMALS
Animals raised or maintained for their product or labor, or for show, including but not necessarily limited to dairy cows, beef cattle, poultry, sheep, horses, goats, mules, hogs, pigs, or other livestock.
FARM BUILDING
Any building located on a farm.
FARM EQUIPMENT
Any farm truck, tractor, plow, combine, harvester, sprayer, wagon, planter, rake, conveyor, harrow, thresher, or similar agricultural implement, whether or not self-propelled.
FARM LABOR HOUSING
The use of any dwelling(s), located on a farm, for sheltering persons employed on such farm. This definition shall not necessarily include a migrant labor camp.
FARM MARKET
An indoor or outdoor display for sales purposes of farm produce, homemade baked or canned goods, or crafts, exceeding 500 square feet in area.
FARM-RELATED USE
A cider mill; portable sawmill; U-pick; winery; farm market; petting zoo; hay ride; cornfield maze; agricultural museum or exposition; Christmas tree farm; nursery or greenhouse; or maple syrup processing.
FARM SERVICE USE
Any milk processing plant; feed storage or supply facility; agricultural laboratory; farm equipment or machinery sales or service; storage or processing facility for fruits, vegetables or other agricultural products; fertilizer or farm pesticides storage or supply facility; farmers' cooperative; grange hall; fruit ripening facility; or grain elevator.
FARMHOUSE
The principal residential structure on a farm.
FLEET VEHICLE MOTOR FUEL DISPENSING FACILITY
That portion of a commercial, industrial, governmental or manufacturing property where liquids or gases used as fuels are stored and dispensed into the fuel tanks of motor vehicles that are used in connection with such businesses, by persons within the employ of such businesses.
FLOOR AREA
The sum of the gross horizontal area of the several floors of a building, excluding cellar and basement, attic storage, garage and breezeway.
FOOD SERVICE ESTABLISHMENT
A place where food is prepared and intended for individual portion service and includes the site at which the individual portions are provided, whether consumption occurs on or off the premises. The term excludes food processing establishments, retail food stores without commercial kitchens, private homes where food is prepared or served for family consumption, and food service operations where a distinct group mutually provides, prepares, serves and consumes the food, such as a "covered-dish supper" limited to a congregation, club or fraternal organization.
GARAGE, PRIVATE
A detached or attached accessory building or enclosed space used for the storage of private passenger vehicles, owned or rented.
GARAGE, PUBLIC
Any garage, other than a private garage, which is used for the storage, repair, rental, servicing or supplying of fuel or oil to motor vehicles.
GRANDSTAND
Tiered seating supported on a dedicated structural system and two or more rows high and not a building element (see "bleachers").
GROUP HOME
A facility for social rehabilitation, substance abuse or mental health problems that contains a group housing arrangement that provides custodial care but does not provide medical care.
GUEST ROOM
A room used or intended to be used by one or more guests for living and sleeping purposes.
HAZARDOUS MATERIALS
Those chemicals or substances which are physical hazards or health hazards as defined and classified in the Uniform Code, whether the materials are in usable or waste condition.
HELIPORT
An area of land or water or a structural surface that is used, or intended to be used, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport buildings and other heliport facilities.
HELIPORT, EMERGENCY USE
An area for accommodating helicopters in support of emergency public safety agency operations, but that is not permitted or licensed as a heliport or helistop, and which is not used as a heliport for any other purpose.
HELISTOP
The same as "heliport," except that fueling, defueling, maintenance, repair or storage of helicopters is not permitted.
HIGH-PILED COMBUSTIBLE STORAGE
The storage of combustible materials in closely packed piles or combustible materials on pallets, in racks or on shelves where the top of storage is greater than 12 feet in height.
HIGH-RISE BUILDING
A building with an occupied floor located more than 75 feet above the lowest level of Fire Department vehicle access. This term shall include any building exceeding five stories or 50 feet in height.
HISTORIC BUILDINGS
Buildings that are listed in or eligible for listing in the National Register of Historic Places, or designated as historic under an appropriate state or local law.
HOG, PIG, POULTRY OR FUR-BEARING ANIMAL FARM
A farm used for the raising of hogs, pigs, poultry or fur-bearing animals.
HOME GARDEN
A garden located at or adjacent to a residence, and in which food and ornamental plants are grown solely for personal use.
HOME OCCUPATION
Any occupation customarily conducted within a dwelling used for living purposes. The home occupation must be incidental and secondary to the use of the dwelling for residential purposes. Home occupations shall not include, among others, the following: medical and dental clinics, restaurants or on-premises consumption food services, kennels or animal hospitals.
HOSPICE RESIDENCE
A one- or two-family dwelling operated for the purpose of providing care to more than two but not more than eight hospice patients.
HOSPITALS AND PSYCHIATRIC HOSPITALS
Facilities that provide care or treatment for the medical, psychiatric, obstetrical, or surgical treatment of inpatient care recipients that are incapable of self-preservation.
HOTEL
A dwelling containing sleeping rooms for 15 or more persons, which rooms are available to the public for less than a week at a time for compensation, with no cooking or dining facilities except a general kitchen and public dining room.
HOUSEHOLD PETS
Dogs, cats, rabbits, birds, etc. for family use only (noncommercial), with cages, pens, etc.
INCINERATOR
A furnace, machine, apparatus or container that is used for burning trash, garbage, rubbish or other waste material.
INDUSTRIAL OCCUPANCY
Includes factories that manufacture products of all kinds and properties devoted to operations such as processing, assembling, mixing, packaging, finishing or decorating, and repairing.
INDUSTRIAL OR RESEARCH PARK
A tract of land developed according to a master site plan for the use of a family of industries and their related commercial uses, and that is of sufficient size and physical improvement to protect surrounding areas and the general community and to ensure a harmonious integration into the neighborhood.
INHABITED BUILDING
A building regularly occupied in whole or in part as a habitation for people, or any place of religious worship, schoolhouse, railroad station, store or other structure where people are accustomed to assemble.
JUNK
Materials, including scrap metals and their alloys, bones, used items and products such as rags and cloth, rubber, rope, tinfoil, bottles, old tools and machinery, automobiles, fixtures and appliances, lumber, boxes or crates, pipe and pipe fittings, and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition.
JUNKYARD
An area of land, with or without buildings, primarily used for the storage, outside of a completely enclosed building, of junk or used and discarded material, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more unlicensed or unregistered or uninspected or inoperable or wrecked or broken motor vehicles, or the major parts of two or more such vehicles, shall be deemed to make the lot a junkyard.
KENNEL
A structure to accommodate the commercial boarding, sale or care of dogs, cats and other domestic animals or the harboring of more than four such animals.
LANDING STRIP
Ground set aside for the takeoff and landing of aircraft, without normal airport facilities.
LANDSCAPING
The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features and contouring of the earth.
LARGE-SCALE AGRICULTURAL STRUCTURE
An agricultural structure exceeding 20,000 square feet in area in floor area.
LARGE-SCALE BUSINESS DEVELOPMENT
A tract of land not less than five acres in area for nonresidential development, and which is planned for development as units under single ownership and control and which includes two or more nonresidential principal buildings.
LARGE-SCALE CATTLE OR DAIRY FARM
A farm upon which 300 or more cattle or dairy cows are harbored.
LARGE-SCALE INDUSTRIAL DEVELOPMENT
A tract of land not less than 10 acres in area for nonresidential development, and which is planned for development as units under single ownership and control and which includes two or more nonresidential principal buildings.
LATRINE
A toilet, usually of the non-flushing type, that is not connected to an approved sanitary sewer or septic system.
LIQUID STORAGE WAREHOUSE
A building classified as a High-Hazard Group H occupancy used for the storage of flammable or combustible liquids.
LODGING HOUSE
A one-family dwelling where one or more occupants are primarily permanent in nature and rent is paid for guest rooms.
LOT
A piece 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 required by this chapter, and having frontage on a public street.
LOT AREA
The computed area contained within the lot lines of a lot.
LOT COVERAGE
That percentage of the lot or land covered by the building area.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines.
LOT LINE, FRONT
The lot line separating a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT LINES
The property lines bounding a lot.
LOT WIDTH
The distance between the two side lot lines measured at the front building line.
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an angle of less than 135°. The point of intersection of the street is the "corner."
LOT, THROUGH
A lot located between and having frontage upon two parallel or approximately parallel streets.
LPG BULK PLANT
A facility where the primary function is to store liquefied petroleum gas prior to further distribution. LP gas is received by cargo tank vehicle, railroad tank car, or pipeline, and then distributed by portable container delivery, by cargo tank vehicle, or through gas piping.
LPG DISPENSING STATION
Fixed equipment where liquefied petroleum gas is stored and dispensed into portable containers.
MAGAZINE
A building, structure or container, other than an operating building, used for storage of explosive materials.
MAJOR AGRICULTURAL STRUCTURE
An agricultural structure exceeding 2,000 square feet in floor area but not exceeding 20,000 square feet in floor area.
MANUFACTURED HOME
A structure, transportable in one or more sections, that, in the traveling mode, is eight feet or more in width or 40 feet or more length or, when erected on site, is 320 square feet minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all of the 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.
MANUFACTURED HOME PARK
A parcel (or continuous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARINA AND BOATYARD
A facility that stores and services boats in berths, on moorings, or in dry storage. Such storage and services may include berthing of boats, fueling, sanitary sewage pumpout, seasonal or short-term boat storage, seasonal boat painting, boat engine maintenance, repairing, hauling from water and launching of boats.
MARINE TERMINAL
A facility comprising one or more berths, slips, piers, wharves, loading and unloading areas, warehouses, and storage yards used for transfer of people and/or cargo between waterborne carriers and land.
MARINE MOTOR FUEL DISPENSING FACILITY
That portion of property where flammable or combustible liquids or gases used as fuel for watercraft are stored and dispensed from fixed equipment on shore, piers, wharves, floats or barges into the fuel tanks of watercraft and shall include all facilities used in connection therewith.
MARQUEE
A canopy that has a top surface which is sloped less than 25° from the horizontal and is located less than 10 feet from operable openings above or adjacent to the level of the marquee.
MEZZANINE
An intermediate level or levels between the floor and ceiling of any story, not greater than one-third of the floor area of the story below.
MIGRANT LABOR CAMP
A tract of land and all vehicles, mobile homes, buildings or other structures pertaining thereto, any part of which may be used or occupied by persons employed as laborers in farm activities, including sleeping facilities, provided in whole or in part by the employer of such persons, the owner, lessee, or operator thereof, with or without a stipulated agreement as to the duration of their stay, whether or not they are supplied with meals, but who are supplied with such services or facilities as are necessary for their use of such property.
MINOR AGRICULTURAL STRUCTURE
An agricultural structure not exceeding 2,000 square feet in floor area.
MOBILE FOOD SERVICE ESTABLISHMENT
A self-contained food service operation, located in a vehicle or a movable stand, self- or otherwise propelled, used to store, prepare, display or serve food intended for individual portion service.
MOBILE HOME
A structure, transportable in one or more sections, which, in the travelling mode, is eight body feet or more wide and 40 or more body feet in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein, and bearing a seal issued by the Federal Department of Housing and Urban Development.
MOBILE HOME PARK
A tract of land where two or more mobile homes are placed for nontransient use and developed in accordance with the provisions of this chapter.
MODULAR HOME
A factory-built structure intended for use as a dwelling when placed upon a permanent foundation, which is transported onto site in one or more sections, and certified as being constructed in accordance with the New York State Uniform Fire Prevention and Building Code.
MORTUARY, FUNERAL HOME
An establishment in which the dead are prepared for burial or cremation. The facility shall be permitted to include a chapel for the conduct of funeral services and spaces for funeral services and informal gatherings, and/or display of funeral equipment.
MOTEL
A series of attached, semidetached or detached dwelling units, one or more stories in height, containing a bedroom, bathroom and closet space, but excluding cooking facilities, which are devoted to the use of automobile transients.
MOTOR VEHICLE REPAIR SHOP
A building or place of business in which motor vehicles are repaired, serviced, rebuilt or reconditioned, with or without the sale of automotive parts and accessories, at retail, and exclusive of the dispensing of gasoline or other automotive fuels. Any use commonly referred to as a "collision," "body," "engine rebuilding," "transmission" or "auto paint shop" shall be deemed a "motor vehicle repair shop."
MOTOR VEHICLE SERVICE STATION
A building or place of business in which motor vehicles are repaired, serviced or cleaned, with or without the sale of automotive parts and accessories at retail, and which may include the dispensing of gasoline or other automotive fuels. Any use commonly referred to as a "gas station," "car wash," muffler, brake, tire, or oil and lube station shall be deemed a "motor vehicle service station."
MULTIWIDE MOBILE HOME
A mobile home that is made up of two or more transportable sections.
MURAL
A work of decorative art applied on or attached to an exterior wall or fence within public view that does not include graphics or text that can be interpreted as commercial advertising. Embellishments to or decoration of architectural elements is not considered a mural. Notwithstanding the above definition, a mural may contain bona fide historic recreations of vintage advertising.
NIGHTCLUB
Any use of a building or portion thereof where the subject space is classified in Assembly Group A; and where at least 20% of the subject assembly space is for concentrated occupancy, with or without fixed seating, where the net assembly floor area per person is seven square feet or less; and live or recorded entertainment, including but not limited to vocalists, bands, musical reviews, comedy acts, dance music and similar entertainment, is normally provided. Entertainment shall not be deemed to include jukeboxes, background music or similar uses of live or recorded music. This definition shall not apply to places of religious worship as defined herein.
NONCONFORMING USE
A use of a building or land, existing at the time that this chapter is enacted or amended, which does not conform with the requirements herein for the district in which it is located.
NURSING HOME
A facility providing therein nursing care to sick, invalid, infirm, disabled or convalescent persons in addition to lodging and board or health-related service, or any combination of the foregoing.
OCCUPANCY CLASSIFICATION
For purposes of this chapter, certain occupancies are defined as follows:
A. 
The use of a building or structure, or a portion thereof, for the gathering of persons for purposes such as civic, social or religious functions; recreation, food or drink consumption; or awaiting transportation. Exception: small buildings and spaces. A building or tenant space used for assembly purposes with an occupant load of fewer than 50 persons shall be classified a Business Group B occupancy.
B. 
The use of a building or structure, or a portion thereof, for office, professional or service-type transactions, including storage of records and accounts. Business occupancies may include, but not be limited to, banks, barber and beauty shops, civic administration, educational occupancies for students above the 12th grade not otherwise classified, electronic data processing, testing and research laboratories, post offices, print shops, professional services (architects, accountants, attorneys, dentists, physicians, engineers, etc.), radio and television stations, telephone exchanges, and training or skill development not in a school or academic program (such as but not limited to tutoring centers, martial arts studios, gymnastics and similar uses not otherwise classified).
C. 
The use of a building or structure, or a portion thereof, by six or more persons at any one time for educational purposes through the 12th grade.
D. 
The use of a building or structure, or a portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as High-Hazard Group H or Storage Group S occupancy.
E. 
The use of a building or structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of hazardous materials in quantities in excess of those allowed in control areas in accordance with the Uniform Code.
F. 
The use of a building or structure, or a portion thereof, not otherwise classified, in which care or supervision is provided to persons who are or are not capable of self-preservation without physical assistance or in which persons are detained for penal or correctional purposes or in which the liberty of the occupants is restricted. Exception: Care facilities for five of fewer persons receiving care that are within a one-family dwelling shall not be deemed an Institutional Group I occupancy.
G. 
The use of a building or structure, or a portion thereof, for the display and sale of merchandise, and involving stocks of goods, wares or merchandise incidental to such purposes and accessible to the public. Mercantile occupies shall be subclassified as follows:
(1) 
All mercantile occupancies having an aggregate gross area of more than 30,000 square feet or occupying more than three stories for sales purposes.
(2) 
(a) 
All mercantile occupancies of more than 3,000 square feet, but not more than 30,000 square feet, aggregate gross area and occupying not more than three stories for sales purposes; or
(b) 
All mercantile occupancies of not more than 3,000 square feet gross area and occupying two or three stories for sales purposes.
(3) 
All mercantile occupancies of not more than 3,000 square feet gross area and used for sales purposes occupying one story only.
H. 
A building or structure in which two or more classes of occupancy exist.
I. 
The use of a building or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I occupancy. Residential occupancies shall be subclassified as follows:
(1) 
Occupancies containing sleeping units where the occupants are primarily transient in nature, including but not limited to boardinghouses, hotels and motels for the traveling public.
(2) 
Occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including but not limited to apartment houses and nontransient boardinghouses.
(3) 
Occupancies where the occupants are primarily permanent in nature and not otherwise classified, which do not contain more than two dwelling units.
(a) 
Care facilities within a dwelling. Care facilities for five of fewer persons receiving care that are within a one-family dwelling shall be deemed R-3 occupancies.
(4) 
Buildings, structures, or portions thereof for more than five persons but not more than 16 persons, excluding staff, who reside on a twenty-four-hour basis in a supervised residential environment and receive custodial care. This occupancy shall include assisted-living facilities, group homes, rehabilitation centers, etc.
J. 
The use of a building or structure, or portion thereof, for storage that is not classified as a hazardous occupancy.
K. 
Buildings and structures of an accessory character and miscellaneous structures not classified in any specific occupancy, such as, but not limited to, agricultural buildings, residential aircraft hangars, barns, carports, fences, grain silos (accessory to a residential occupancy), greenhouses, private garages, sheds, tanks, and towers.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or the use of portable outdoor fireplaces.
OPEN PARKING GARAGE
A structure or portion of a structure with openings on two or more sides that is used for the parking or storage of private motor vehicles.
OXYGEN-LIMITING SILO
A sealed silo with tight construction that limits the amount of oxygen inside.
PARKING LOT
An open area, other than a street, used for the parking of automobiles.
PENTHOUSE
An enclosed, unoccupied rooftop structure used for sheltering mechanical and electrical equipment, tanks, elevators and related machinery, and vertical shaft openings.
PIT PRIVY
A small, enclosed room or structure having one or more holes in a seat built over a pit and serving as a toilet.
PLANNED DEVELOPMENT GROUP
A structure or a group of structures designed to be maintained and operated as a unit in single ownership or control by an individual, partnership, corporation or cooperative group, and which has certain facilities in common, such as yards and open spaces, recreation areas, garages and parking areas.
PLAYGROUND
An improved area with a specific design to allow children to play there. It may be indoors but is typically outdoors.
PORTABLE OUTDOOR FIREPLACE
A portable, outdoor, solid-fuel-burning fireplace that may be constructed of steel, concrete, clay or other noncombustible material. A portable outdoor fireplace may be open in design, or may be equipped with a small hearth opening and a short chimney or chimney opening in the top.
PORTABLE SAWMILL
A sawmill utilizing readily portable machinery, and not operated for profit.
PORTABLE TOILET
A portable latrine used where other rest room facilities are unavailable (as at a construction site) or insufficient (as at special events).
PUBLIC PLACE
Any street, sidewalk, avenue, road, alley, lane, highway, concourse, driveway, yard, court, culvert, crosswalk, square, parking lot, stream, river, waterway and park.
PUBLIC UTILITY STATION
A structure or facility used by a public or quasi-public utility agency to store, distribute or generate electricity, gas, telecommunications, and related equipment, or to pump or chemically treat water. This does not include storage or treatment of sewage, solid waste or hazardous waste.
RECREATION, COMMERCIAL
Recreational facilities operated as a business and open to the general public for a fee.
RECREATION, INDOOR
An establishment providing completely enclosed recreation activities. Accessory uses shall be permitted to include the preparation and serving of food and/or the sale of equipment related to the enclosed uses. Included in this definition shall be bowling, roller skating or ice skating, billiards, pool, motion-picture theaters, and related amusements.
RECREATION, OUTDOOR
An area free of buildings except for rest rooms, dressing rooms, equipment storage, maintenance buildings, open-air pavilions and similar structures used primarily for recreational activities.
RECREATION, PRIVATE, NONCOMMERCIAL
Recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization.
RECREATION, PUBLIC
Recreation facilities operated as a nonprofit enterprise by any governmental agency or nonprofit organization and open to the general public.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
RECREATIONAL PARK TRAILER
A trailer-type unit that is primarily designed to provide temporary living quarters for recreational camping or seasonal use; and is certified by the manufacturer as complying with ANSI A119.5 (Recreational Park Trailer Standard).
RECREATIONAL VEHICLE
A vehicular-type unit that is primarily designed as temporary living quarters for recreational, camping or seasonal use; has its own motive power or is mounted on or towed by another vehicle; is regulated by the National Highway Traffic Safety Administration as a vehicle or vehicle equipment; does not require a special highway use permit for operation on the highways; and can be easily transported and set up on a daily basis by an individual.
RECYCLING FACILITY
Any location whose primary use is as a place where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metals, paper, rags, tires and bottles, and other such materials. This term does not include a redemption center as defined herein.
REDEMPTION CENTER
A business that accepts empty beverage containers for redemption from the public and pays the refund value. This definition includes a person who contracts with one or more dealers or distributors to collect, sort and obtain the refund value and handling fee of empty beverage containers for, or on behalf of, such dealer or distributor.
REFINERY
A plant in which flammable or combustible liquids are produced on a commercial scale from crude petroleum, natural gasoline or other hydrocarbon sources.
REHABILITATION CENTER
An establishment whose primary purpose is the rehabilitation of persons. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.
RELIGIOUS WORSHIP, PLACE OF
A building or portion thereof intended for the performance of religious services.
REMOVABLE-RECEPTACLE PRIVY
A latrine in which the receptacle for human waste consists of a removable container surmounted by a superstructure.
REPAIR GARAGE
A building, structure or portion thereof used for the repair, servicing or maintenance of motor vehicles, trailers and similar mechanical equipment, including paint, body and fender, engine and engine part overhaul, brake, muffler, upholstery work, tire repair and change, lubrication, tune-ups, and transmission work.
RESIDENTIAL AIRCRAFT HANGER
An accessory building less than 2,000 square feet in area and 20 feet in building height constructed on a one- or two-family property where aircraft are stored. Such use will be considered as a residential accessory use incidental to the dwelling.
RESTAURANT
An establishment that sells prepared food for consumption.
RIDING ACADEMY OR LIVERY STABLE
Any use or structure in which horses can be had for hire, or where horses are kept for a fee, or a school where horseback riding is taught. Any horse, pony, mule, or donkey shall, for purposes of this definition, be deemed a "horse."
ROADSIDE STAND
A stall or booth for the display and sale of farm products only.
ROOFTOP GARDEN
Any garden located on the roof of a structure.
ROOMING HOUSE
A building containing a single dwelling unit and containing rooms for the rooming and/or boarding of at least three persons, but not more than 25 persons, by prearrangement for definite periods of not less than one week.
SAWMILL
A building, use or activity in which logs are sawn into planks, beams or boards, or are otherwise roughly prepared, by machinery, for market or for use in the construction of buildings or ships or for the use of carpenters, joiners or other artisans. This definition shall not include a lumber or building materials storage yard and shall not include the assembly, fabrication, manufacture or processing of any other wood products.
SCHOOL, COMMERCIAL
A school establishment to provide the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete academic educational curriculum (e.g., beauty school or modeling school).
SELF-SERVICE STORAGE FACILITY
Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.
SEXUALLY EXPLICIT MATERIAL
The less than completely and opaquely covered human genitals or female breast below the top of the areola, or the human male genitals in a discernibly turgid state even if completely and opaquely covered, or the human genitals in a state of sexual stimulation or arousal, or acts of human masturbation, sexual intercourse or sodomy, or the fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SHOPPING CART
Any rolling or nonrolling basket or container and any part or parts thereof commonly used in supermarkets or self-service stores or mercantile establishments as a conveyor of goods, wares, and merchandise.
SIDEWALK CAFE
An area adjacent to and directly in front of a street-level eating or drinking establishment located within the sidewalk area of the public right-of-way used exclusively for dining, drinking and pedestrian circulation. The encroachment area of a sidewalk cafe may be separated from the remainder of the sidewalk by railings, fencing or landscaping planter boxes or a combination thereof.
SIDEWALK SALE
An outdoor sale conducted on sidewalks immediately adjacent and contiguous to commercial establishments, provided the merchandise being sold is consistent with the merchandise of the adjacent and contiguous business.
SIGN
A name, identification, description, display or illustration or any other visual display which is affixed to, or painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. This definition shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or religious group. A sign shall not include a sign located completely within an enclosed building except for an illuminated or animated sign or signs within show windows. Each display surface of a sign shall be considered to be a sign.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than on the premises where the sign is located.
SITE-BUILT HOME
A conventionally built dwelling, erected on site without using major prefabricated components.
SLEEPING UNIT
A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms or spaces that are also part of a dwelling unit are not sleeping units.
SPECIAL AMUSEMENT BUILDING
A building that is temporary, permanent or mobile that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction as a form of amusement arranged so that the egress path is not readily apparent due to visual or audio distractions or an intentionally confounded egress path, or is not readily available because of the mode of conveyance through the building or structure.
SPECIAL USE
A use which because of its unique characteristics requires individual consideration in each case by the Zoning Board of Appeals and the Planning Board before it may be permitted.
STORAGE TRAILER
A wheeled trailer or nonwheeled container, built primarily to be used for the commercial transport of goods by air, rail, sea, or highway. This definition shall not apply to horse trailers, small contractors' trailers, or similar equipment not intended for heavy commercial use or permanent placement.
STORAGE YARD
An outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other structures and may be public or private.
STORAGE, HAZARDOUS MATERIALS
The keeping, retention or leaving of hazardous materials in closed containers, tanks, cylinders, or similar vessels; or vessels supplying operations through closed connections to the vessel, and where the quantities in storage are required to be reported pursuant to General Municipal Law § 209-u.
STORM SHELTER
A building, structure or portions thereof constructed in accordance with generally accepted standards and designed for use during a severe wind storm event, such as a hurricane or tornado.
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (see "attic," "attic, habitable," "basement," "building height," and "mezzanine"). For purposes of this definition, the term "story" shall include finished attics, but shall not include basements and mezzanines.
STORY, HALF
A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including stationary and portable carports.
STRUCTURE, NONCONFORMING
A structure or sign, the design or size of which does not conform with the regulations of this chapter for the district in which it is located.
SWIMMING POOL
Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed-in-place wading pools.
TELECOMMUNICATIONS FACILITY
Any communication facility such as a radio or television transmitting studio and tower, directional beacon and antenna, cellular telephone or microwave tower, and attendant buildings, but excluding police and fire communications towers used for dispatching purposes, and private, noncommercial television or radio receiving antennas and similar equipment.
TEMPORARY STAGE CANOPY
A temporary ground-supported membrane-covered frame structure used to cover stage areas and support equipment in the production of outdoor entertainment events.
TEMPORARY USE
A use that is authorized to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
TENT
A structure, enclosure or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the contents that it protects.
THEATER
A building used primarily for the presentation of live stage productions, performances or motion pictures.
TIMBER AND LUMBER PRODUCTION FACILITIES
Facilities where raw wood products are processed into finished wood products.
TIRES, BULK STORAGE OF
The storage of tires where the area available for storage exceeds 20,000 cubic feet indoors and/or 2,500 square feet outdoors.
TOWN BOARD
The governing body of the Town of Lyons.
TOWNHOUSE
A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.
TRAILER, HOUSE
A transportable structure meeting the definition of a "mobile home," except that it was constructed prior to June 15, 1976, and bears no seal issued by the Federal Department of Housing and Urban Development.
TRAVEL TRAILER
Any vehicle mounted on wheels and movable either by its own power or by being drawn by another vehicle, and licensed for travel on any highway for the purpose of temporary living or sleeping quarters in a campground or park.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code and/or Energy Conservation Construction Code, and any amendments thereto.
U-PICK
The retail sale of farm produce to self-service customers who gather the produce in fields or orchards located on a farm.
UNIMPROVED BUILDING LOT
A lot conforming to minimum area, width and depth requirements, but not exceeding one acre in size, upon which no principal building has been erected.
URBAN AGRICULTURE
The growing of plants and raising of animals in and around urban areas (beyond that which is strictly for home consumption or educational purposes). This definition generally includes agricultural activities occurring on less than one acre of land, but excludes a home garden.
USABLE OPEN SPACE
Required open space which shall be entirely open (except for plantings, landscaping, and recreational equipment) and shall be available for the sole enjoyment of the occupants of the lot of which it is a part, and shall not include any side yards, driveways, and accessways.
VARIANCE
A Zoning Board of Appeals authorized departure from the terms of this chapter in accordance with the procedure set forth in this chapter.
VESSEL
A motorized watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation. Non-transportation vessels, such as houseboats, boathouses and barges, are included in this definition.
WAREHOUSE
A building or premises in which goods, merchandise or equipment is stored for eventual distribution.
WHARF
A structure or bulkhead constructed of wood, stone, concrete or similar material built at the shore of a harbor, lake or river for vessels to lie alongside of and to anchor piers or floats.
WINERY
A facility for processing grapes into wine, which may include retail sales to the general public.
YARD
An open space by a structure which lies between the principal buildings or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
YARD, FRONT
An open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward.
YARD, REAR
An open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
YARD, SIDE
An open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING INSPECTOR
The administrative officer charged with the duty of enforcing the provisions of this chapter.
ZONING MAP
The Official Zoning Map of the Town of Lyons, New York, dated December 17, 1969, together with all amendments subsequently adopted.