A. 
Word usage.
(1) 
All words used in the present tense include the future tense.
(2) 
All words in the plural number include the singular number, and all words in the singular number include the plural number, except as to the number of permitted structures, unless the natural construction of the wording indicates otherwise.
(3) 
The word "person" includes an association, partnership or corporation.
(4) 
Unless otherwise specified, all distances shall be measured horizontally along the ground.
(5) 
The word "building" includes the word "structure." The word "building" or "structure" includes any part thereof.
[Amended 6-25-2020 by L.L. No. 3-2020]
(6) 
"Lot" includes the words "plot," "parcel," "tract" or "site."
(7) 
The word "premises" includes a lot and all buildings or structures thereon.
(8) 
To "erect," "to construct" and "to build" a building or structure each have the same meaning and also include "to excavate" for a building and "to relocate" a building by moving it from one location to another.
(9) 
"Used" shall be deemed also to include "designated, intended or arranged to be used or occupied."
(10) 
"Shall" is mandatory and not discretionary"; "may" is permissive.
B. 
Administrative agencies defined. For the purpose of this chapter, certain words and terms used herein shall be defined as follows:
BOARD OF APPEALS
The Zoning Board of Appeals of the Town of Macedon.
BUILDING INSPECTOR
The official or officials designated by the Town Board of the Town of Macedon to enforce the provisions of the New York State Uniform Fire Prevention and Building Code in the Town.
COUNTY PLANNING BOARD
The Planning Board of the County of Wayne.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
The New York State Department of Environmental Conservation.
DEPARTMENT OF HEALTH
The New York State Department of Health and any other health board or department established pursuant to the laws of the State of New York and having authority for the regulation of matters pertaining to the public health of the Town.
HEALTH OFFICER
The official or officials appointed by the Town Board of the Town of Macedon to protect the health and safety of Town residents.
PLANNING BOARD
The Planning Board of the Town of Macedon.
TOWN BOARD
The Town Board of the Town of Macedon.
ZONING OFFICER
The official or officials designated by the Town Board of the Town of Macedon to enforce the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY
The term applied to a building or use which:
A. 
Is customarily incidental and subordinate to and serves a principal building or principal use;
B. 
Is subordinate in area, extent or purpose to the principal building or principal use served;
C. 
Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use; and,
D. 
Is located on the same parcel as the principal building or principal use.
AGRICULTURAL OR FARMING ACTIVITIES
The use of the land for agricultural purposes, including, but not limited to, dairying, pasturage, truck farms or nurseries, greenhouses, horticulture, viticulture and apiaries, animal and poultry husbandry and the necessary accessory uses for storage.
[Amended 6-25-2020 by L.L. No. 3-2020]
AIRSTRIP
Any area of land designed for private noncommercial use of airborne aircraft, including hangars, taxiways and landing strips.
ALTERATIONS
As applied to a building or structure:
[Amended 6-25-2020 by L.L. No. 3-2020]
A. 
The change or rearrangement in the supporting members, such as bearing walls, columns, beams or girders or in the exit facilities;
B. 
An enlargement, whether by extending on a side or by increasing in height;
C. 
The moving from one location or position to another; and
D. 
Any alteration whereby a building or structure is adapted to another or different use.
ANTENNA
Any device for radiating or receiving radio waves, television signals, microwave signals, signals from satellites and similar signals.
[Added 5-11-1995 by L.L. No. 2-1995]
APARTMENT BUILDING
A building arranged, intended or designed to be occupied by three or more families living independently of each other, but having common hallways and entrances.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
[Added 9-13-2007 by L.L. No. 4-2007]
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain subject to a 1% or greater chance of flooding in any given year. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain."
BARN
An accessory farm building used for farm purposes, including, but not limited to, the storage of hay, grain, and the like, and the housing of farm animals.
[Added 5-11-1995 by L.L. No. 2-1995]
BASE FLOOD
The flood having a 1% chance of being equaled or exceeded in any one given year. For purposes of this chapter, "base flood" has the same meaning as the "one-hundred-year flood."
BASEMENT
That portion of a building having its floor subgrade (below ground level) on all sides. For purposes of this chapter, "basement" has the same definition as "cellar."
BED-AND-BREAKFAST
See "tourist home."
BUFFER AREA
A continuous strip of land area covered with grass, vegetation, trees, fencing, embankments or berms not less than 10 feet in depth and not less than six feet in height, densely planted and designed to provide a physical screen preventing visual access from one use to another and to reduce the escape and/or intrusion of litter, fumes, dust, noise, or other noxious or objectionable elements.
BUILDING
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals, property or business activity.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
BUILDING HEIGHT
The vertical dimension measured from the average elevation of the finished grade level at the front of the building to the highest point of the structure.
BUILDING LINE
A line formed by the intersection of a horizontal plane at an average grade level and a vertical plane that coincides with the exterior surface of the building or a projected roof or porch; the vertical plane will coincide with the most projected surface, excluding steps and overhanging eaves less than two feet in width. All yard and setback requirements are measured to the "building lines."
BUILDING, PRINCIPAL
See "principal building."
[Amended 6-25-2020 by L.L. No. 3-2020]
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
The incorporation of photovoltaic (PV) material into a building's envelope. Technologies include PV shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical facades, semitransparent skylights, awnings, fixed awnings, and roofs.
[Added 6-8-2017 by L.L. No. 2-2017]
CAMPING GROUND
A parcel of land used or intended to be used, let or rented for transient, vacation and recreational occupancy by travel trailers, campers, tents, recreational vehicles, motor homes and the motor vehicles propelling or carrying the same, but excluding mobile homes designed for year-round occupancy or as a place of residence.
CARPORT
An open space for the storage of one or more vehicles in the same manner as a private garage, and which may be covered by a roof supported by columns or posts, except that one or more walls may be the walls of the main building of which the carport is an accessory building or extension.
[Added 6-25-2020 by L.L. No. 3-2020]
CERTIFICATE OF COMPLIANCE
A certificate issued by the Building Inspector upon completion of the change in use of an existing building or of a parcel of land with no buildings. Said certificate shall acknowledge compliance with all requirements of this chapter.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Zoning Officer upon completion of construction or alteration of a building. Said certificate shall acknowledge compliance with all of the requirements of the Uniform Code.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
[Added 9-13-2007 by L.L. No. 4-2007]
CLEARING
Any activity that removes the vegetative surface cover.
[Added 9-13-2007 by L.L. No. 4-2007]
CLUB
An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities, except as required generally for the membership and purposes of such club or as permitted by separate ordinance or local law.[1]
COMMERCIAL RECREATION
Recreation facilities which are privately operated for gain and which are available to the general public on an individual admission or membership basis. Such uses shall include, but not be limited to, golf courses and country clubs, miniature golf courses, indoor racquetball or tennis courts, theaters, bowling alleys, skating rinks and amusement parks.
COMMERCIAL RECREATION, HIGH-DENSITY (GC and ORM DISTRICTS)
Recreation facilities that concentrate activities within a building or adjacent, immediate outdoor area, including, but not limited to, skating rinks, indoor racquetball or tennis courts, bowling alleys, miniature golf courses and amusement parks.
[Added 5-11-1995 by L.L. No. 2-1995]
COMMERCIAL RECREATION, LOW-DENSITY (AR-40, R-30, ORM and GC DISTRICTS)
Recreation facilities characterized by predominantly outdoor activities by patrons requiring significant land uses, including, but not limited to, golf courses and country clubs, outdoor tennis courts and model airplane clubs.
[Added 5-11-1995 by L.L. No. 2-1995]
COMPOST PILE, RESIDENTIAL
Any pile of organic materials of three cubic yards or less stored in the rear yard no closer than three feet from the rear property line, 15 feet from side property lines and 40 feet from any residence.
[Added 5-11-1995 by L.L. No. 2-1995; amended 6-25-2020 by L.L. No. 3-2020]
DAY-CARE CENTER
A center designed to provide daytime care or instruction for four or more children, operated on a regular basis.
DEDICATION
The deliberate appropriation of property by its owner for general public use.[2]
[Added 9-13-2007 by L.L. No. 4-2007]
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
[Added 9-13-2007 by L.L. No. 4-2007]
DEVELOPER
A person who undertakes land development activities.
[Added 9-13-2007 by L.L. No. 4-2007]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, grading, filling, paving, excavation or drilling operations.
DRIVEWAY
A roadway providing a means of access from a street to a property or off-street parking area. An accessway may also be deemed a "driveway."
DWELLING
A building designed or used for one or more families. The term "dwelling" shall not be deemed to include a motel, hotel, rooming house or travel trailer.
DWELLING UNIT
A building or portion thereof providing housekeeping facilities for a single family.
DWELLING, MANUFACTURED
A factory-built residential dwelling unit designed to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and placement on a permanent foundation and connections to utilities. Manufactured housing built after June 15, 1976, shall meet the National Manufactured Home Construction and Safety Standards as set forth by the United States Department of Housing and Urban Development.
DWELLING, MULTIPLE-FAMILY
A residential building designed for or occupied by three or more families living independently of each other with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY
A detached residential dwelling unit, other than a mobile home, designed for and occupied exclusively by one or more persons living as a single, nonprofit housekeeping unit.
DWELLING, TWO-FAMILY
A detached residential building containing two dwelling units, designed for occupancy and used exclusively by two families living independently of each other. A duplex is a "two-family dwelling" which is designed with a common wall.
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers) or shear walls.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
[Added 9-13-2007 by L.L. No. 4-2007]
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by public utilities or any governmental department or commission of underground or overhead gas, electrical, telecommunications or water transmission and/or distribution systems, including poles, wires, drains, sewers, pipes, conduits, cables, towers, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishings of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare. This definition expressly excludes power generation facilities or sites for the disposal of waste materials associated with the provision of such services.
EXCAVATION
The process of the removal of sand, gravel, soil (including topsoil) or other natural deposits by stripping, digging or other means.
EXCAVATION SITE
A parcel of land used for the purpose of extracting stone, sand, gravel or topsoil for sale as an industrial or commercial operation.
FAMILY
One or more persons, related by birth, marriage or other domestic bond, occupying a dwelling unit and living as a single nonprofit housekeeping unit.
FARM
Any parcel containing at least 10 acres of land which is worked for gain in the growing of agricultural products or the raising of animals. It includes necessary farm structures within the prescribed limitations and the storage of equipment used. It excludes riding academies and livery or boarding stables and kennels. Farm activities may be permitted on parcels of land of less than 10 acres, however, such activities shall be limited to the growing of crops. No farm structures shall be permitted on parcels smaller than 10 acres.
FARM BUILDING
Any building used for the housing of agricultural equipment, produce, livestock or poultry or for the incidental or customary processing of farm products, and provided that such building is located on, operated in conjunction with and necessary to the operating of the farm as defined by this article.
FARM DWELLING
A dwelling located on a farm and occupied by a family engaged in agricultural activities.
FARM MARKET
Any permanent structure for the display and sale of agricultural and nursery products grown principally by the operator.
[Added 5-11-1995 by L.L. No. 2-1995]
FARM STAND
Any temporary structure for the display and sale of agricultural and nursery products grown principally by the operator.
[Added 5-11-1995 by L.L. No. 2-1995]
FENCE
A structure of wood, masonry, wire mesh or other material, including landscaping, which prohibits or inhibits unrestricted travel or view between properties or portions of properties or between the street or public right-of-way and a property.
FINISHED GRADE LEVEL
The level where the finished grade of the ground intersects the foundation walls; height measurements shall be based from the finished grade level.
FLAG LOT
A lot with access provided to the bulk of the lot by means of a narrow corridor. The front lot line of a flag lot shall be the longest interior lot line which is closest to and parallel to the right-of-way which provides access to the lot, other than the line which actually adjoins the right-of-way.
[Added 6-25-2020 by L.L. No. 3-2020]
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An Official Map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The FBFM delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An Official Map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided.
FLOOD INSURANCE RATE MAP (FIRM)
The Official Map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the Town.
FLOOD INSURANCE STUDY
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Hazard Boundary Floodway Map and the water surface elevation of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. 
The overflow of inland waters.
B. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation of the base flood.
FLOOR
The top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of several floors of a building or buildings, measured from the inside faces of exterior walls or from the center line of walls separating two uses. For the purpose of applying the requirements for off-street parking and loading in the case of offices, merchandising or service types of uses, "gross floor area" shall not include areas used principally for nonpublic purposes, such as storage, rest rooms, fitting or alteration rooms or general maintenance or enclosed pedestrian malls or corridors.
FLOOR AREA, HABITABLE
The horizontal area of any floor of a building designed and intended for living purposes, which includes working, sleeping, eating, cooking or recreation or combination thereof. A floor used only for storage purposes is not a habitable floor. All dimensions shall be measured from the interior faces of exterior walls or from the center line of the base of walls separating two dwelling units.
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to another use (i.e. the relationship of water to docking or port facility necessary for the loading and unloading of cargo or passengers, ship building and ship repair). The term does not include long-term storage, manufacture, sales or service facilities.
GARAGE, PRIVATE
A building which provides for the storage of motor vehicles or household items by the occupants on the lot upon which it is erected, with no provision for repairing or servicing such vehicles for profit. A garage cannot serve as the principal use on any lot.
GARAGES, PUBLIC OR REPAIR
Any garage, other than a private garage, operated for gain, available to the public and which is used for the storage, repair, servicing or rental of motor vehicles.
GRADING
Excavation or fill of material, including the resulting conditions thereof.
[Added 9-13-2007 by L.L. No. 4-2007]
GROUND-MOUNTED SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.
[Added 6-8-2017 by L.L. No. 2-2017]
HAMLET
All areas formerly contained within the Village of Macedon.
[Added 6-25-2020 by L.L. No. 3-2020]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HOME OCCUPATION
Any occupation or profession customarily conducted entirely within a dwelling or a building accessory to the dwelling by the inhabitants thereof which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A "home occupation" shall not be interpreted to include the following: commercial stables and kennels, restaurants, day-care services, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles, retail businesses and trades and service establishments.
HOME PROFESSIONAL OCCUPATION
The office of a member of a licensed profession when conducted within a dwelling or a building accessory to the dwelling by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Such occupations shall include, but not be limited to, those of doctors, lawyers, architects, engineers, ministers and other licensed professionals.
HOTEL
See definition of "motel."
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
[Added 9-13-2007 by L.L. No. 4-2007]
IN-LAW APARTMENTS
A residential unit added to an existing single-family structure for a family member, nonrental.
[Added 5-11-1995 by L.L. No. 2-1995; amended 6-25-2020 by L.L. No. 3-2020]
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
[Added 9-13-2007 by L.L. No. 4-2007]
INFILTRATION
The process of percolating stormwater into the subsoil.
[Added 9-13-2007 by L.L. No. 4-2007]
JUNK VEHICLE
Any vehicle not duly registered, insured or inspected.
[Added 5-11-1995 by L.L. No. 2-1995]
JUNKYARD
A lot, land or structure or part thereof where junk and/or discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned, including automobile or other vehicle or machinery, wrecking or dismantling yards; house wrecking yards; used lumber yards; places or yards for storage of salvaged house wrecking and structural steel materials and equipment; or where any unregistered motor vehicle is held outside of a completely enclosed building, whether for the purpose of resale or sale of used parts therefrom, for the purpose of reclaiming for use some or all the materials therein or for the purpose of storage or disposing of the same for any other purpose. The term "junkyard" shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing or for processing of used, discarded or salvaged materials as part of manufacturing operations. Exceptions shall be as follows:
A. 
New and/or used motor vehicles which are operable, qualify for a current New York State Motor Vehicle inspection sticker under Article 5 of the New York Vehicle and Traffic Law and are offered for sale to the public may be stored on the premises on which new or used car sales may be conducted in accordance with the provisions of these regulations.
B. 
The storage of vehicles subject to seasonal use, such as travel trailers and snowmobiles, even though such vehicles may be unlicensed during the part of the year they are not in use.
C. 
The storage of agricultural equipment, machinery and vehicles in an Agricultural/Residential District which are being used in farm operations.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
[Added 9-13-2007 by L.L. No. 4-2007]
KENNEL
Any premises on which four or more dogs or cats six months old or older are kept, bred and/or boarded.
LAND DEVELOPMENT ACTIVITY
Construction activity, including clearing, grading, excavating, soil disturbance or placement of fill, that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
[Added 9-13-2007 by L.L. No. 4-2007]
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
[Added 9-13-2007 by L.L. No. 4-2007]
LOADING SPACE, OFF-STREET
Space logically and conveniently located for public pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles.
[Amended 3-28-1996 by L.L. No. 2-1996]
LOT
A parcel of land considered as a unit, devoted to a certain use and occupied, or capable of being occupied, by a building or group of buildings that are united by a common interest or use and the customary accessory uses and open space belonging to same.
LOT AREA
The square footage or acreage contained within the boundaries of a lot. Any portion of a lot included in a public road, street or highway right-of-way shall not be included in calculating "lot area."
LOT COVERAGE
That percentage of the lot area which is devoted to building area.
LOT DEPTH
The minimum horizontal distance from the street line of a lot to its opposite rear line, measured in the general direction of the side lines of the lot.
LOT FRONTAGE
The front of a lot shall be construed to the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered front yards.
LOT LINES
The property lines bounding the lot:
A. 
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
B. 
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
C. 
LOT LINE, SIDEAny lot line other than a front or rear lot line.
LOT OF RECORD
A lot which is part of an approved subdivision recorded in the Office of the County Clerk or a lot described by metes and bounds, the description of which has been so recorded.
LOT WIDTH
The distance between the side lot lines measured parallel to the street line at the front building line.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets. All "corner lots" shall be deemed to have two front yards, two side yards and no rear yard.
LOT, THROUGH
A lot which is not a corner lot and which has frontage on two streets.
LOWEST FLOOR
The lowest level, including basement or cellar, of the lowest enclosed area. An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
[Added 9-13-2007 by L.L. No. 4-2007]
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
MOBILE HOME
Any portable vehicle which is designed to be transported on its own wheels or those of another vehicle, which is used, designed to be used and capable of being used as a detached single-family residence and which is intended to be occupied as permanent living quarters containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems. The definition of "mobile home" includes all additions made subsequent to installation. All "mobile homes" built after June 15, 1976, shall meet the National Mobile Home Construction and Safety Standards as set forth by the United States Department of Housing and Urban Development. This definition does not include manufactured housing placed on a permanent foundation or a travel trailer.
MOBILE HOME PARK
A parcel of land under single ownership on which two or more mobile homes are occupied as residences or which is planned and improved for the placement of two or more mobile homes for nontransient residential use or for the sale or rental of two or more mobile home lots.
MOTEL
A building or buildings containing sleeping units for transient guests and providing accessory off-street parking facilities and which may include restaurant facilities and a dwelling unit for a bona fide caretaker or operator. The term "motel" includes "hotels," "auto courts," "tourist courts," "motor lodges" and similar terms. Each sleeping unit shall contain not less than 240 square feet of living space.
MOTOR VEHICLE
Every vehicle which is propelled by any power other than muscular power, except electrically driven chairs being operated or driven by a person who uses a wheelchair. "Motor vehicles" shall include, but not be limited to, automobiles, trucks, boats, all-terrain vehicles, snowmobiles, etc.
[Amended 6-25-2020 by L.L. No. 3-2020]
MOTOR VEHICLE SERVICE STATION
Any building, structure or land used to disperse, sell or offer automotive fuels, oils or accessories, including lubrication, washing, polishing or cleaning and the replacement or installation of parts and accessories to passenger automobiles or trucks not exceeding 1 1/2 tons.
MULTIPLE-FAMILY DWELLING COMPLEX
A series of multiple-family dwellings, designed and built as an integrated development with a common architectural style.
NATIONAL GEODETIC VERTICAL DATUM (NGVD)
A vertical control as corrected in 1929, used as a reference for establishing varying elevations within the floodplain.
NEIGHBORHOOD CHARACTER
The atmosphere or physical environment which is created by the combination of land use and buildings within an area. Neighborhood character is established and influenced by land use types and intensity, traffic generation and also by the location, size and design of structures as well as the interrelationship of all these features.
NEW CONSTRUCTION
A structure for which the start of construction commenced on or after the effective date of this chapter.
NONCONFORMING BUILDING OR STRUCTURE
Any lawful building or structure existing at the date of enactment of this chapter or an amendment thereto which in its design or location upon a lot does not conform to the regulations of this chapter for the district in which it is located.
[Amended 6-25-2020 by L.L. No. 3-2020]
NONCONFORMING LOT
A lot of record existing at the date of the enactment of this chapter or an amendment thereto which does not have the minimum width, depth or area for the district in which it is located.
[Amended 6-25-2020 by L.L. No. 3-2020]
NONCONFORMING USE
Any use of land, buildings or structures lawfully existing on the date of enactment of this chapter or an amendment thereto which does not conform to the use regulations of the district in which it is situated.
[Amended 6-25-2020 by L.L. No. 3-2020]
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
[Added 9-13-2007 by L.L. No. 4-2007]
NURSERY SCHOOL
A place providing or designed to provide daytime care or instruction for four or more children from two to five years of age away from their home for up to three hours per day.
PARKING SPACE, OFF-STREET
A space for the parking of an automobile designed in accordance with § 300-188 of this chapter. Such space shall be located on the lot it is accessory to and shall have direct access to a street or public way.
[Amended 6-25-2020 by L.L. No. 3-2020]
PERSON
An individual, an association, a partnership or corporation.
[Added 3-28-1996 by L.L. No. 2-1996]
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
[Added 9-13-2007 by L.L. No. 4-2007]
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
[Added 9-13-2007 by L.L. No. 4-2007]
PRINCIPAL BUILDING
A building in which is conducted the main or principal use of the lot on which said building is located.
PRINCIPAL USE
The main or primary purpose for which a building, structure or lot is to be used.
PRINCIPAL USE SYSTEM
Solar energy systems located on land primarily used to convert solar energy into electricity for off-site energy consumption.
[Added 6-8-2017 by L.L. No. 2-2017]
PRINCIPALLY ABOVE GROUND
At least 51% of the actual cash value of the structure, excluding land value, is above the ground.
PROJECT
Land development activity.
[Added 9-13-2007 by L.L. No. 4-2007]
PUBLIC AND SEMIPUBLIC BUILDINGS AND USES
Intended to designate any one or more of the following uses, including grounds and accessory buildings necessary for their use:
A. 
Churches, places of worship, parish houses and convents.
B. 
Public parks, playgrounds and recreational areas, including golf courses, when authorized or operated by a governmental authority.
C. 
Nursery schools, elementary schools, secondary schools, colleges or universities having a curriculum approved by the Board of Regents of the State of New York.
D. 
Public libraries and museums.
E. 
Fire, ambulance and public safety buildings.
F. 
Hospitals for the care of human beings, nursing homes, convalescent home, homes for the adults, homes for the aged or residences for adults as the same are defined under the Public Health Law or the Social Services Law of the State of New York, provided that they are duly licensed by the State of New York.
G. 
Membership corporations established for cultural, social or recreational purposes.
H. 
Day-care centers approved by the New York State Department of Social Services.
I. 
Municipal buildings.
PUBLIC MARKET
A site which provides space on a rental or fee basis for growers to sell agricultural products to the general public.
RECHARGE
The replenishment of underground water reserves.
[Added 9-13-2007 by L.L. No. 4-2007]
RECREATIONAL VEHICLE
A vehicle-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are:
A. 
TRAVEL TRAILERA vehicular portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and of a body width of no more than eight feet and a body length of no more than 38 feet when factory equipped for the road.
B. 
CAMP TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
C. 
TRUCK CAMPERA portable unit, designed to be loaded onto or affixed to the bed or chassis of a truck. "Truck campers" are of two basic types:
(1) 
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
(2) 
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
D. 
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
RESIDENTIAL CONVERSION
The conversion of the use of a building from nonresidential to residential use or the structural alteration of an existing residential structure to increase the number of residential units in the structure.
RESTAURANT
Any establishment, however designated, at which food is sold for consumption on the premises to patrons and equipped with seating facilities and where the taking of food and drink from said building is incidental. The term "restaurant" shall include bars and taverns licensed to sell alcoholic beverages for on-premises consumption. However, a snack bar refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or groups or an approved vendor operating the recreational facilities and for the convenience of the patrons of the facility shall not be deemed to be a "restaurant."
RESTAURANT, DRIVE-IN
An establishment where food, soft drinks, ice cream and similar confections are sold for principal consumption outside the confines of the principal building or in automobiles, regardless of whether or not seats are provided for patrons.
RETAIL NURSERY
Nursery products sold retail, grown on or off site.
[Added 5-11-1995 by L.L. No. 2-1995]
RIGHT-OF-WAY LINE
The line determining the street or highway limit of public ownership. For the purposes of this chapter, the "right-of-way line" and the "street line" shall have the same meaning.[3]
ROOF-MOUNTED SYSTEM
A solar panel located on a roof of a permitted principal use or accessory structure.
[Added 6-8-2017 by L.L. No. 2-2017]
ROOMING HOUSE
A dwelling other than a motel or tourist home where more than two persons are housed or lodged for hire, with or without meals.
SALVAGE, RECYCLING, SCREENING, PROCESSING AND COMPOSTING (SRSPC) OPERATION
Any lot, land or structure or part thereof where discarded or salvaged materials are bought, sold, exchanged, sorted, baled, packed, disassembled, handled or abandoned and/or stored or where secondhand or used property, which shall include, but not be limited to, newspaper, cardboard, plastics, automobiles or other vehicles or machinery, used lumber, rubber products, steel materials, equipment and similar items and materials or any waste material, whether composed of wood, paper, cloth, cardboard, plastics, metals, soils, stone, cement or otherwise which, taken together, exceed in bulk three cubic yards, except in residential areas, wood used for fuel and those materials used on site within a one-year period. This definition shall not include pawn shops and establishments for the sale, purchase or storage of used furniture, household equipment and clothing or for processing of used, discarded or salvaged materials as part of manufacturing operations.
[Added 3-28-1996 by L.L. No. 2-1996]
SCREENING, PROCESSING and COMPOSTING
Any combination of materials in excess of three cubic yards of the following: wood, soil, concrete, asphalt or any naturally occurring element.
[Added 3-28-1996 by L.L. No. 2-1996]
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
[Added 9-13-2007 by L.L. No. 4-2007]
SENSITIVE AREAS
Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
[Added 9-13-2007 by L.L. No. 4-2007]
SERVICE ROAD
A local street which generally runs parallel to and adjacent to an arterial or collector street and which provides access to abutting properties and protection from the arterial or collector street.
SETBACK
The horizontal distance between the street line, rear or side lines of the lot and the front, rear or side lines of the building. All measurements shall be made at right angles to or radially from the lot lines to the building lines. Setbacks from street lines to building lines are defined as "front setbacks." Setbacks from side lot lines are "side setbacks." Setbacks from rear lot lines are "rear setbacks."
SHOPPING CENTER
A group of stores, shops and similar establishments occupying adjoining structures or two or more commercial buildings located on a single lot or adjacent lots, with such buildings developed as part of a single integrated development with a common architectural design.
SIGN
Any material, structure or part thereof, or any device attached to a building or structure or painted or represented thereon, composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed and is intended for display of an advertisement, notice, directional matter or name, and includes sign frames, outdoor advertising signs, sign boards, illuminated signs, pennants, fluttering devices, projecting signs or ground signs.
[Amended 6-25-2020 by L.L. No. 3-2020]
SIGN AREA
The area of a sign consisting of the entire surface of any regular geometric form or combinations of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but excluding supporting or structural members not bearing advertising matter.
SIGN ERECTION
The construction, alteration, repair, display, location or relocation, attachment, placement, suspension, affixage or maintenance of any sign, including the painting of exterior wall signs and the use of any vehicle or other substitute for a sign.
SIGN, BUILDING FRONT OR FACE
The outer surface of a building which is visible from any private or public street, highway or driveway, including window display areas.
SIGN, BUSINESS
A sign which directs attention to a business, profession or industry conducted upon the premises or to a commodity or service sold or offered by such business, profession or industry upon the premises where such sign is located.
SIGN, DIRECTIONAL
A sign that directs attention to the location of a local service or place of business.
SIGN, FREESTANDING
A sign or sign support structure that is not attached to or part of a building or structure, including planter and ground signs.
SIGN, GROUND
Any freestanding commercial sign which is accessory to the business conducted at the same location or parcel.
[Added 6-25-2020 by L.L. No. 3-2020]
SIGN, IDENTIFICATION
An on-premises, permanent sign containing the name or address of a building and may include hours of operation and emergency information.
[Added 6-25-2020 by L.L. No. 3-2020]
SIGN, ILLUMINATED
A sign lighted by electricity, gas or other artificial light, including reflective or phosphorescent light, paint or tape.
SIGN, LIGHTING DEVICE
Any light, string or groups of lights located or arranged so as to cast illumination on or from a sign.
SIGN, NONCONFORMING
A sign which exists at the time of enactment of this chapter or an amendment thereto and which does not conform to the regulations and restrictions imposed herein.
[Amended 6-25-2020 by L.L. No. 3-2020]
SIGN, OUTDOOR ADVERTISING
A sign which directs attention to a business, profession or industry conducted or a commodity or service sold or offered on a site other than upon the premises where such sign is located.
SIGN, PORTABLE OR MOBILE
A sign that is designed and intended to be transported from place to place and is not permanently affixed to the ground or to a building or structure. "Portable signs" may or may not have wheels.
SIGN, PROJECTING
A sign which is attached to the exterior of a building or a structure beyond the surface of that portion of the building or structure to which the sign is attached and not parallel to the face of the building.
SIGN, ROOF
A sign constructed on or supported by the roof of any building or structure.
SIGN, TEMPORARY
A sign which is intended to advertise community or civic projects, real estate for sale or lease or other special events on a temporary basis.
SIGN, TRAFFIC CONTROL
A sign which is intended to provide directions to motorists to expedite the flow of vehicular traffic, including signs which contain such words as "exit," "entrance," "one-way," etc., or use arrows to direct the flow of traffic.
SITE DEVELOPMENT PLAN
A plan, to scale, showing uses and structures proposed for a parcel of land, including lot lines, streets, existing and proposed buildings and structures, topography, rights-of-way, parking areas, open space and any other information deemed necessary by any Town official or agency involved in the site development plan review and approval process.
SMALL BUSINESS
Any service-related business that conducts its primary profit-making activities off-site and sells products only on an incidental basis, including, but not limited to, a general contractor, landscaper or roofer.
[Added 5-11-1995 by L.L. No. 2-1995]
SOLAR ENERGY EQUIPMENT
Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.
[Added 6-8-2017 by L.L. No. 2-2017]
SOLAR ENERGY SYSTEM
A combination of both solar panels and solar energy equipment.
[Added 6-8-2017 by L.L. No. 2-2017]
SOLAR PANEL
A device capable of collecting and converting solar energy into electrical energy.
[Added 6-8-2017 by L.L. No. 2-2017]
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.
[Added 9-13-2007 by L.L. No. 4-2007]
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
[Added 9-13-2007 by L.L. No. 4-2007]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
[Added 9-13-2007 by L.L. No. 4-2007]
STABLE
A building in which horses or other animals are kept for remuneration, hire or sale.
START OF CONSTRUCTION
The initiation, excluding planning and design, of any phase of a project which creates a physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of temporary forms. It also includes the placement and/or installation on the property of accessory buildings, storage trailers and building materials.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
[Added 9-13-2007 by L.L. No. 4-2007]
STORAGE BUILDING, PRIVATE
An accessory building other than a barn or garage used for the storage of goods or materials connected with a household or farm.
[Added 5-11-1995 by L.L. No. 2-1995]
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER HOT SPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
[Added 9-13-2007 by L.L. No. 4-2007]
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
[Added 9-13-2007 by L.L. No. 4-2007]
STORY
That portion of a building included between the surface of the floor and the ceiling next above it, having a vertical distance of at least seven feet, six inches, along the studs forming each of the exterior walls. Each story above the first story must have an area equal to at least 2/3 that of the first story. The first story is the lowest story which is 75% or more above the average level of the ground adjacent to said building.
STORY, HALF
That portion of a building next under a gable, hip or gambrel roof having a vertical distance between the floor and horizontal ceiling of at least seven feet, six inches, except that for habitable space under a sloping roof the minimum height above at least 50% of such floor area shall be seven feet, six inches. The area where the height is less than five feet shall not be considered in computing required floor area.
STREET
A public or private thoroughfare which affords the principal means of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the "street grade."
STREET LINE
See "right-of-way line."
STRUCTURE
Anything constructed or erected which requires temporary or permanent support or attachment to the ground, beneath the ground or to something having permanent location on the ground, including gasoline and oil tanks, buildings, mobile homes, fences and outdoor advertising signs.
[Amended 6-25-2020 by L.L. No. 3-2020]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, alteration and/or modification of a building, the cost of which equals or exceeds 50% of the replacement value of the building either before the improvement or repair is started or, if the building has been damaged and is being restored, before the damage occurred. The Zoning Officer shall determine the value of the improvements to be made based upon the square footage of building area added or improved. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either any project for improvement of a building to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a building listed on the National Register of Historic Places or a State Inventory of Historic Places.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
[Added 9-13-2007 by L.L. No. 4-2007]
SWIMMING POOL
Any body of water or receptacle for water which has a capability of a depth of more than two feet at any point, used or intended to be used for swimming, bathing or wading and installed or constructed above or below ground.
TELECOMMUNICATIONS TOWER
Any freestanding structure greater than 35 feet in height which is capable of receiving and/or transmitting signals (for the purpose of communication).
[Added 6-13-2002 by L.L. No. 2-2002]
TEMPORARY USES
An activity conducted for a specific limited period of time which may not otherwise be permitted by the provisions of this chapter. Examples of such uses are structures incidental to new construction which shall be removed after the completion of the construction work.
TOPSOIL
Soil material which is rich in organic matter and capable of supporting plant life.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation. For the purpose of this chapter, the term "tourist home" shall have the same meaning as "bed-and-breakfast establishments."
TOWER
Includes any structure, including dish antennae, whether attached to a building or freestanding and whether guyed or self-supporting, designed to be used as or for the support of devices to be used for the transmission and/or reception of radio frequency signals, such as, but not limited to, broadcast, shortwave, citizens band, FM or television signals or wind-driven devices, such as energy converters and wind-speed and/or direction indicators.
TRAVEL TRAILER
See "recreational vehicle."
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code.
USE, SPECIAL PERMIT
A use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relating to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in a zoning district as a special permit use only if specific provision for such special permit use is made in this chapter.
VARIANCE
A relaxation of the terms of this chapter which, in the determination of the Board of Appeals, would not be contrary to the public interest and which satisfies the conditions spelled out in state law relative to the issuance of variances.
VEHICLE
Every device in, upon, or by which any person or property is, may be or formerly was transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
[Added 5-11-1995 by L.L. No. 2-1995]
VETERINARY ANIMAL CLINIC OR OFFICE
A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
[Added 9-13-2007 by L.L. No. 4-2007]
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
[Added 9-13-2007 by L.L. No. 4-2007]
WINDMILL
An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy. A wind generator may also be deemed a windmill.
YARD
A required open space unoccupied and unobstructed by any structure or portion of a structure, except as may be provided by this chapter and situated between the principal building or group of buildings and the nearest lot line.
YARD, FRONT
A yard extending between the side lot lines across the front of a lot adjoining a street, situated between the street line and the front building line.
YARD, REAR
A yard extending between the side lot lines, situated between the rear line of the building and the rear lot line. In the case of through lots, there will be no "rear yards," but only front and side yards.
YARD, SIDE
A yard extending between the side building line and the nearest side lot line, situated between the front and rear yards.
[1]
Editor's Note: The definition of "cluster development" which immediately followed this definition was repealed 5-1-1995 by L.L. No. 2-1995.
[2]
Editor's Note: The definition of "department," added 9-13-2007 by L.L. No. 4-2007, which immediately followed this definition, was repealed 6-25-2020 by L.L. No. 3-2020.
[3]
Editor's Note: The definition of "roadside stand," which immediately followed this definition, was repealed 5-11-1995 by L.L. No. 2-1995.