A.Â
Word usage.
(1)Â
All words used in the present tense include the future tense.
(2)Â
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)Â
The word "person" includes an association, partnership or corporation.
(4)Â
Unless otherwise specified, all distances shall be measured horizontally
along the ground.
(5)Â
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)Â
"Lot" includes the words "plot," "parcel," "tract" or "site."
(7)Â
The word "premises" includes a lot and all buildings or structures
thereon.
(8)Â
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)Â
"Used" shall be deemed also to include "designated, intended or arranged
to be used or occupied."
(10)Â
"Shall" is mandatory and not discretionary"; "may" is permissive.
B.Â
BOARD OF APPEALS
BUILDING INSPECTOR
COUNTY PLANNING BOARD
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEPARTMENT OF HEALTH
HEALTH OFFICER
PLANNING BOARD
TOWN BOARD
ZONING OFFICER
Administrative agencies defined. For the purpose of this chapter,
certain words and terms used herein shall be defined as follows:
The Zoning Board of Appeals of the Town of Macedon.
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.
The Planning Board of the County of Wayne.
The New York State Department of Environmental Conservation.
The New York State Department of Health and any other health
board or department established pursuant to the laws of the State
of New York and having authority for the regulation of matters pertaining
to the public health of the Town.
The official or officials appointed by the Town Board of
the Town of Macedon to protect the health and safety of Town residents.
The Planning Board of the Town of Macedon.
The Town Board of the Town of Macedon.
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:
The term applied to a building or use which:
Is customarily incidental and subordinate to and serves a principal
building or principal use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessity of occupants
of the principal building or principal use; and,
Is located on the same parcel as the principal building or principal
use.
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]
Any area of land designed for private noncommercial use of
airborne aircraft, including hangars, taxiways and landing strips.
As applied to a building or structure:
[Amended 6-25-2020 by L.L. No. 3-2020]
The change or rearrangement in the supporting members, such
as bearing walls, columns, beams or girders or in the exit facilities;
An enlargement, whether by extending on a side or by increasing
in height;
The moving from one location or position to another; and
Any alteration whereby a building or structure is adapted to
another or different use.
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]
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.
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]
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."
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]
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."
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."
See "tourist home."
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.
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.
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.
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.
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."
See "principal building."
[Amended 6-25-2020 by L.L. No. 3-2020]
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]
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.
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]
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.
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.
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]
Any activity that removes the vegetative surface cover.
[Added 9-13-2007 by L.L.
No. 4-2007]
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]
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.
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]
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]
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]
A center designed to provide daytime care or instruction
for four or more children, operated on a regular basis.
The deliberate appropriation of property by its owner for
general public use.[2]
[Added 9-13-2007 by L.L.
No. 4-2007]
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]
A person who undertakes land development activities.
[Added 9-13-2007 by L.L.
No. 4-2007]
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.
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."
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.
A building or portion thereof providing housekeeping facilities
for a single family.
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.
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.
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.
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.
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.
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]
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.
The process of the removal of sand, gravel, soil (including
topsoil) or other natural deposits by stripping, digging or other
means.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
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.
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.
A dwelling located on a farm and occupied by a family engaged
in agricultural activities.
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]
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]
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.
The level where the finished grade of the ground intersects
the foundation walls; height measurements shall be based from the
finished grade level.
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]
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.
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.
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
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.
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.
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.
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.
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.
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.
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.
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.
Excavation or fill of material, including the resulting conditions
thereof.
[Added 9-13-2007 by L.L.
No. 4-2007]
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]
All areas formerly contained within the Village of Macedon.
[Added 6-25-2020 by L.L.
No. 3-2020]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
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.
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.
See definition of "motel."
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]
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]
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]
The process of percolating stormwater into the subsoil.
[Added 9-13-2007 by L.L.
No. 4-2007]
Any vehicle not duly registered, insured or inspected.
[Added 5-11-1995 by L.L.
No. 2-1995]
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:
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.
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.
The storage of agricultural equipment, machinery and vehicles
in an Agricultural/Residential District which are being used in farm
operations.
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]
Any premises on which four or more dogs or cats six months
old or older are kept, bred and/or boarded.
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]
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]
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]
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.
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."
That percentage of the lot area which is devoted to building
area.
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.
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.
The property lines bounding the lot:
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
A lot which is part of an approved subdivision recorded in
the Office of the County Clerk or a lot described by metes and bounds,
the description of which has been so recorded.
The distance between the side lot lines measured parallel
to the street line at the front building line.
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.
A lot which is not a corner lot and which has frontage on
two streets.
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.
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]
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.
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.
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.
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.
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]
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
1Â 1/2 tons.
A series of multiple-family dwellings, designed and built
as an integrated development with a common architectural style.
A vertical control as corrected in 1929, used as a reference
for establishing varying elevations within the floodplain.
The atmosphere or physical environment which is created by
the combination of land use and buildings within an area. Neighborhood
character is established and influenced by land use types and intensity,
traffic generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
A structure for which the start of construction commenced
on or after the effective date of this chapter.
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]
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]
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]
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]
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.
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]
An individual, an association, a partnership or corporation.
[Added 3-28-1996 by L.L.
No. 2-1996]
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]
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]
A building in which is conducted the main or principal use
of the lot on which said building is located.
The main or primary purpose for which a building, structure
or lot is to be used.
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]
At least 51% of the actual cash value of the structure, excluding
land value, is above the ground.
Land development activity.
[Added 9-13-2007 by L.L.
No. 4-2007]
Intended to designate any one or more of the following uses,
including grounds and accessory buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas, including
golf courses, when authorized or operated by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Fire, ambulance and public safety buildings.
Hospitals for the care of human beings, nursing homes, convalescent
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.
Membership corporations established for cultural, social or
recreational purposes.
Day-care centers approved by the New York State Department of
Social Services.
Municipal buildings.
A site which provides space on a rental or fee basis for
growers to sell agricultural products to the general public.
The replenishment of underground water reserves.
[Added 9-13-2007 by L.L.
No. 4-2007]
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:
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.
CAMP TRAILERA portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle.
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:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
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.
Any establishment, however designated, at which food is sold
for consumption on the premises to patrons and equipped with seating
facilities and where the taking of food and drink from said building
is incidental. The term "restaurant" shall include bars and taverns
licensed to sell alcoholic beverages for on-premises consumption.
However, a snack bar refreshment stand at a public, semipublic or
community swimming pool, playground, playfield or park operated by
the agency or groups or an approved vendor operating the recreational
facilities and for the convenience of the patrons of the facility
shall not be deemed to be a "restaurant."
An establishment where food, soft drinks, ice cream and similar
confections are sold for principal consumption outside the confines
of the principal building or in automobiles, regardless of whether
or not seats are provided for patrons.
Nursery products sold retail, grown on or off site.
[Added 5-11-1995 by L.L.
No. 2-1995]
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]
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]
A dwelling other than a motel or tourist home where more
than two persons are housed or lodged for hire, with or without meals.
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]
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]
Measures that prevent eroded sediment from leaving the site.
[Added 9-13-2007 by L.L.
No. 4-2007]
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]
A local street which generally runs parallel to and adjacent
to an arterial or collector street and which provides access to abutting
properties and protection from the arterial or collector street.
The 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."
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.
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]
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.
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.
The outer surface of a building which is visible from any
private or public street, highway or driveway, including window display
areas.
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.
A sign that directs attention to the location of a local
service or place of business.
A sign or sign support structure that is not attached to
or part of a building or structure, including planter and ground signs.
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]
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]
A sign lighted by electricity, gas or other artificial light,
including reflective or phosphorescent light, paint or tape.
Any light, string or groups of lights located or arranged
so as to cast illumination on or from a sign.
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]
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.
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.
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.
A sign constructed on or supported by the roof of any building
or structure.
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.
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.
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.
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]
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]
A combination of both solar panels and solar energy equipment.
[Added 6-8-2017 by L.L.
No. 2-2017]
A device capable of collecting and converting solar energy
into electrical energy.
[Added 6-8-2017 by L.L.
No. 2-2017]
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]
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]
The use of practices that prevent exposed soil from eroding.
[Added 9-13-2007 by L.L.
No. 4-2007]
A building in which horses or other animals are kept for
remuneration, hire or sale.
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.
An order issued which requires that all construction activity
on a site be stopped.
[Added 9-13-2007 by L.L.
No. 4-2007]
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]
Rainwater, surface runoff, snowmelt and drainage.
[Added 9-13-2007 by L.L.
No. 4-2007]
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]
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]
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]
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]
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]
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]
Flow on the surface of the ground resulting from precipitation.
[Added 9-13-2007 by L.L.
No. 4-2007]
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.
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.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
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."
See "right-of-way line."
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]
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.
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]
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.
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]
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.
Soil material which is rich in organic matter and capable
of supporting plant life.
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."
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.
See "recreational vehicle."
The New York State Uniform Fire Prevention and Building Code.
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.
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.
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]
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.
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]
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]
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.
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.
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.
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.
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.
