For the purpose of this chapter, certain words and terms used
herein shall be defined as follows:
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."
(6)
"Lot" includes the words "plot," "parcel," "tract," or suite.
(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.
BOARD OF APPEALS
BUILDING INSPECTOR
Administrative agencies defined.
The Zoning Board of Appeals of the Town of Macedon.
The official designated by the Town Board to enforce the
provisions of the New York State Uniform Fire Prevention and Building
Code in the Hamlet.
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building, structure 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 in the same parcel as the principal building or principal
use.
Includes hotels, motels, inns and bed-and-breakfast establishments.
Either Type I or unlisted actions as defined in New York
State Environmental Quality Review Act regulations (Title 6, Part
617.2, of the New York Codes, Rules and Regulations), which include:
Projects or physical activities, such as construction or other
activities that may affect the environment by changing the use, appearance
or condition of any natural resource or structure, that:
Agency planning and policy-making activities that may affect
the environment and commit the agency to a definite course of future
decisions.
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect the environment.
Any combinations of the above.
A business, whether retail or wholesale, having more than
5% of its net floor space set aside for or more than 5% of the value
of its stock-in-trade allocated to sexual related retail products,
recordings, books, magazines, periodicals, films, videotapes/cassettes
or other viewing materials for sale or viewing on or off the premises,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to sexual activities or specified
anatomical areas.
Generally, any business, including but not limited to those
specifically enumerated in this article, which has more than 5% of
its net floor space set aside or more than 5% of the volume of its
stock-in-trade devoted to the display, viewing or dissemination of
material distinguished or characterized by an emphasis on matter depicting,
describing or related to sexual activity or specified anatomical areas,
including but not limited to any establishment that allows or promotes
dancers, performers or employees, whether male or female, to display
specified anatomical areas.
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by an emphasis on matters depicting, describing or relating to sexual
activities or specified anatomical areas for observation by patrons.
Any board, agency, department, office, other body or officer
of the Town.
The activity of an active farm, including grazing and watering
livestock irrigating crops, harvesting crops, using land for growing
agricultural products, and cutting timber for sale, but shall not
include the operation of a dude ranch or similar operation, or the
construction of new structures associated with agricultural activities.
The use of the land for agricultural purposes, including
truck farms or nurseries, greenhouses, horticulture, viticulture and
apiaries, and the raising or breeding of animals, swine, poultry,
riding academies, livery or boarding stables, and the necessary accessory
uses for storage; provided, however, that the operation of any such
accessory use shall be incidental to that of the principal agricultural
activities.
A narrow service street or passage of less than 22 feet between
properties or buildings.
As applied to a building or structure, reconfiguration of
any space, the addition or elimination of a window or door, reconfiguration
or extension of any system, or installation of any additional equipment.
Large animals that are not pet or small animals and typically
not residing within the principal residence. Large animals include
but are not limited to any equine animal, including, but not limited
to, a horse, stallion, mare, gelding, filly, colt, mule, hinny, jack,
jennet; any species of the bovine family, including but not limited
to any cow, calf, steer or bull; and any large reptile, pig, hog,
boar, llama, sheep, ram, ewe, lamb; any goat, billy, nanny, or kid;
or an emu, ostrich, or rhea.
An animal with behavior, life cycle, or physiology systemically
altered as a result of being under human control and companionship
for many generations and that typically but not always resides in
the principal residence. Domesticated animals include but are not
limited to dogs, cats, ferret, birds, rabbits, guinea pigs, hamsters,
mice, rats, reptiles, amphibians and fish.
Small animals that are not pets or small animals and typically
do not reside within the principal residence. Small animals include
but are not limited to squirrels, chipmunks, wild rodents, snakes
and other small reptiles, frogs/toads and other small amphibians and
nondomesticated birds.
A dwelling unit designed for and used solely as a permanent
residence in a building not used as a hotel, rooming house or boardinghouse
or for other transient occupancy. The terms "apartment" and "apartment
building" shall not be deemed to include a hotel, motel, bed-and-breakfast,
tourist home, furnished rooming house, dormitory, boarding home, convalescent
home, rest home, nursing home or other accommodation used for transient
occupancy.
A building containing more than three dwelling units where
the occupants are primarily permanent in nature.
More than one apartment building detached and grouped together
on a single parcel which is designed and used solely for residential
purposes.
A property owner or agent of a property owner who has filed
an application for a land development activity.
A prominent or significant part or element of a building,
structure or site.
Land in the floodplain subject to a 1% or greater chance
of flooding in any given year.
A building or structure, including but not limited to community
centers, halls, granges or pavilions where groups or individuals voluntarily
meet to pursue their common social, educational, religious, recreational,
or other interests, but not including an association or group organized
to render, purchase or otherwise make use of a service customarily
carried on as a commercial enterprise. For the purposes of this definition,
assembly uses do not include temporary festivals, animal shows and
similar outdoor events, or conference centers/convention centers.
An automobile service fuel station with the primary purpose
of selling fuel; automobile service stations with the primary purpose
of repair to automobiles. These centers can, but are not limited to,
include retail of used automobiles. Auto parts sales centers; new
and used automotive sales.
A movable ornamental rooflike protective cover over a door,
entrance, window or outdoor service area that projects from the face
of a structure and is constructed of durable materials, including
but not limited to fabrics and/or plastics.
A piece of material, typically cloth, bearing a motto, legend
or advertisement.
An establishment primarily engaged in the sale and service
of alcoholic beverages for on-premises consumption during any period
of the day as permitted by law. Such an establishment is subject to
the regulatory authority of the New York State Liquor Authority. The
incidental sale or provision of food, light fare or snacks shall not
entitle such a use to be considered a restaurant under other provisions
of this chapter. Also, the periodic provision of musical, theatrical
or other forms of live or prerecorded entertainment shall not entitle
such a use to be considered a theater or cultural use facility under
other provisions of this chapter. Synonyms include "pub" or "tavern."
A building on a farm or farmette used for the storage of
farm products, including feed, equipment, machinery, or vehicles,
and/or the stabling and sheltering of animals. A garage designed to
look like a barn is still a garage.
The flood having a 1% chance of being equaled or exceeded
in any one given year. For purposes of this chapter, "base flood"
shall have the same meaning as "one-hundred-year flood."
That portion of a building that is partly or completely below
grade.
An owner-occupied building designed, used and occupied as
a single-family residence having, as an accessory use therein, up
to six public lodging sleeping units and facilities within the building
serving food and drink prepared within the building to preregistered
transient guests.
An earthen construct designed to provide visual interest,
screen undesirable views and/or decrease noise.
A designated location on a body of water that is for the
purpose of launching or placing a boat in the water. Boat launches
may be located at marinas, public access points, or at community and
commercial docks and are subject to applicable regulations.
A facility designed primarily for the launching and landing
of watercraft, and which may include an access ramp, docks, boat slips
and parking spaces for vehicles and trailers.
A space or waterway alongside one or more docks intended
to receive a boat or watercraft.
An establishment for the manufacturing of malt liquors, such
as beer and ale, as a larger scale distributor. See "microbrewery"
for small-scale brewing.
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 and/or intrusion of
litter, fumes, dust, noise, or other noxious or objectionable elements.
Any structure, either temporary or permanent, having a walls
and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
The aggregate of the total area of all enclosed and roofed
spaces of the principal building and all accessory buildings on a
common lot. Such areas shall be computed by using outside building
dimensions measured on a horizontal plane at ground level.
The width of a building facing a street or public parking
lot; in the case of a corner lot, "building frontage" may be either
frontage at the option of the applicant.
The vertical distance from the grade plane to the average
height of the highest roof surface.
A line formed by the intersection of a horizontal plane at
an average grade level and 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 yards
and setback requirements are measured to the building lines.
That permit issued by the building and Zoning Officer stating
that the purpose for which a building or land is to be used is in
conformity with the uses permitted and all other requirements under
this chapter for the district in which it is located, and stating
that all construction, relocation or extension of buildings are in
compliance with applicable provisions of the New York State Fire Code
and Building Code and other regulations.
That portion of the lot or parcel of land upon which a building
and appurtenances are to be placed or are already existing, including
adequate areas for sewage disposal, clearances, proper drainage, appropriate
easements and, if applicable, the requirements of other laws applicable
to the Town.
Any building which includes multiple uses integrated in a
compatible fashion either horizontally and/or vertically and in accordance
with the New York State Building Code. Said structure must obtain
all applicable permits and approvals required for each use which may
or may not be accomplished via a single application and review process.
A lawfully preexisting building which in its design or location
does not conform to the regulations of this chapter for the district
in which it is located.
A building that is divided into offices, either single or
suites, for the transaction of business other than for mercantile
or manufacturing purposes where merchandise is on display and offered
for sale. Offices used for a professional business, in part or in
whole, will be classed as an office building.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any building or structure used for municipal, civic, ecclesiastical,
recreational or other purposes not used for enterprise.
Any person, firm, association, partnership, corporation or
other for-profit entity.
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.
Any permanent structure with no support from the sidewalk
which projects from a building façade, extends along the building
frontage, and offers partial protection from weather such as rain.
See "motor vehicle service."
Land used or intended to be used for the incineration and/or
interment of deceased human remains and dedicated for such purpose,
including columbaria, crematories, mausoleums or mortuaries when operated
within its boundaries.
A certificate issued by the Building Inspector stating that
the construction is in compliance with all requirements of the building
permit for the subject project.
A certificate issued by the Building Inspector upon completion
of construction or alteration of a building for occupancy. 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.
A commercial establishment offering boating services to the
public for a fee, typically to conduct sight-seeing, travel or recreational
outings along the Erie Canal and adjacent watercourses.
Also referred to as a "place of worship."
Any activity that removes the vegetative surface cover.
See "outpatient health center."
An organization catering exclusively to its members and their
guests, including premises and buildings for social, recreational
or athletic purposes, which are not conducted primarily for gain,
provided 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.
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, while maintaining the density limitation imposed
by said minimum lot area through the provision of open space as part
of the site development plan.
Commercial office uses include those establishments which
provide for the administration, management, processing, or facilitation
of business activities whereby the immediate end product does not
include the manufacture, development, fabrication, storage, or sale
of physical or durable goods. Professional offices which supply consultant,
medical, dental, insurance, legal, financial, health care or similar-type
services are considered commercial offices under this definition.
See "retail business establishment." When referenced, this
term shall include all forms of retail as described herein.
The form of housing tenure and other real property where
specified portions of a parent piece of real estate, including but
not limited to individual dwelling units, are individually owned,
while use of and access to common facilities such as ingress/egress
and circulation areas, parking areas, recreation and exterior spaces
is executed under legal rights associated with the individual ownership
and controlled by the association of owners that jointly represents
ownership of the parent piece.
Complying with the use, density, dimensional and other standards
of this chapter.
A change in use or occupancy of a building, generally by
alteration or by other reorganization so as to increase the number
of families or dwelling units in a structure.
An open unoccupied space, other than a yard, on the same
lot with a building or group of buildings and which is bounded on
two or more sides by such building or buildings.
A street, lane or alley with an intersection on one end and
a closed turning area or roundabout on the other.
Any building, room or area designed or utilized primarily
for the presentation to the general public of live theater, dance
performances, musical concerts, cinema, lectures, exhibits of various
art forms or exhibits of cultural, historic, academic or scientific
material.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the curb level is
the average of the mean levels of the curb on the two intersecting
streets. Where no such grade has been established, the Highway Superintendent
shall establish the curb level for the purposes of this chapter.
A licensed commercial establishment providing or designed
to provide day care for five or more persons on a regularly scheduled
basis. Also see § 390, 1(c) of the Social Services Law of
the State of New York.
An occupied family residence providing licensed day care
for three to six children for more than three hours per day. See § 390,
1(e) of the Social Services Law of the State of New York.
A street or portion of a street with only one vehicular traffic
outlet and no turning area or roundabout at the closed end of the
street. (See "cul-de-sac.")
The deliberate appropriation of property by its owner for
general public use.
Legal language recorded in an instrument in the chain of
title for a lot, which describes specifically limitations or restrictions
on the use of the property.
The act or process of wrecking, completely destroying or
removing an existing structure from a site.
The Design Guidelines established and approved for the Main
Street Downtown Overlay District as defined on the Zoning Map. A copy
of these guidelines can be obtained in the municipal offices.
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.
A person who undertakes land development activities.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, paving, excavation or drilling operations.
Actions planned and proposed for implementation by an agency
within the Local Waterfront Revitalization Area, such as, but not
limited to, a capital project, rule making, procedure making and policy
making.
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activities or specified anatomical areas.
A facility for the distillation of grains and fruits into
alcohol. This includes manufacturing, bottling, and sale to a wholesaler.
The on-site sale of products produced on-site is permitted.
A structure projecting from or along the shore into the water
of a navigable body of water and includes piers and wharfs used as
a berthing place for boats to load or unload. Docks can be permanent,
nonpermanent or floating structures.
A use or portion of a use which by design of physical facilities
or by service or packaging procedures encourages or permits customers
to receive a service or obtain a product via a motor vehicle which
may be consumed or used on or off the premises. Such drive-through
facilities include, but are not limited to, banking teller windows,
automatic teller machines, restaurant order and pick-up windows, and
other pick-up, delivery or transaction services deemed inclusive by
the Planning Board. "Drive-up" shall be considered a synonymous term.
A roadway providing a means of access from a street to a
property or off-street parking area.
An establishment used to clean articles or goods of fabric
to be subjected to the process of dry cleaning, dyeing or stain removal.
A dry-cleaning facility includes the cleaning of fabric on site using
the dry-cleaning process.
See "dwelling, two-family."
Any building that contains one or more dwelling units used,
intended or designed to be built, used, rented or leased that is occupied
for living purposes.
One or more rooms constituting a separate, independent housekeeping
unit for ownership or lease or rent, designed for occupancy by one
family and physically independent of any other group of rooms or dwelling
units which may be in the same structure, and containing independent
cooking, sanitary, and sleeping facilities.
The ratio of dwelling units to lot area, commonly expressed
as units per acre. For townhouse and condominium developments, the
lot area shall be calculated from the parent parcel.
A self-contained housing unit incorporated within or detached
from an owner-occupied single-family dwelling that is clearly a subordinate
part of the single-family dwelling and complies with the regulations.
See "residential care facility."
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 14, 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 travel trailer
shall not be considered as a manufactured dwelling.
Same as a "manufactured dwelling"; however, built to New
York State building codes and approved by New York State.
A dwelling containing separate living units for three or
more families, but which may have joint services and facilities.
A single-family dwelling separated by a party wall from only
one adjacent single-family dwelling. Semi-detached dwellings differ
from two-family dwellings in that dwellings are located side-by-side
with each having a primary ground-floor entrance along a street. For
the purposes of this chapter, the point of attachment may include
garages or other meaningful and significant portions.
A dwelling unit designed for or occupied exclusively by one
or more persons living as a single, nonprofit housekeeping unit. The
dwelling can consist of a modular home, or a lumber-constructed home
on a permanent foundation, cellar or basement.
A dwelling accommodating or designed to accommodate a single
family in a single dwelling unit, the walls on two sides of which
may be in common with the walls on an adjoining dwelling and are party
or lot line walls. The real property title and ownership of the townhouse
dwelling and property are vested in an owner having an undivided interest
with others in the common usage areas and facilities which serve the
project such as drives, open space, meeting rooms and other spaces.
A lot which is subdivided into privately owned parcels to
create a project of townhouse, townhome or condominium units, which
may consist of one or more buildings, attached or detached.
A building containing two dwelling units and used or intended
to be used exclusively for occupancy by two families living independently
of each other. Two-family dwellings are commonly conversions from
single-family dwellings, and include upper and lower dwelling units
rather than side-by-side units such as a semidetached dwelling. Also
commonly referred to as a "duplex."
The authorization by property owner for use by another, for
a specified purpose, of any designated part of such property by legally
recorded instrument.
A perpetual restriction on the use of land for the purposes
of conserving open space, agricultural land and natural, cultural,
historic, and scenic resources.
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.
For the purpose of determining off-street parking requirements,
the greatest number of persons to be employed or capable of employment
during any one work period during day or night.
The most recent version of the New York Standards and Specifications
for Erosion and Sediment Control manual, commonly known as the "Blue
Book."
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 furnishing of
adequate service by such public utilities or municipal or other governmental
agencies, or for the public health, safety or general 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 operations.
A direct entrance from a public way to a habitable or tenantable
space.
One or more persons, related by birth, marriage or other
domestic bond, occupying a dwelling unit and living as a single nonprofit
housekeeping unit.
As defined by the New York State Department of Agriculture
and Markets, land used in agricultural production. To be considered
a farm, the property must be eight or more acres with gross sales
of $10,000 or more within the preceding two years or have fewer than
eight acres and average gross sales of more than $50,000 within the
preceding two years. Farms shall be subject to the bulk and use regulations
listed under "Agriculture."
A temporary structure no more than 150 square feet in size
the use of which is accessory to the primary use of the property and
is used to sell raw, unprocessed fruits, vegetables, nuts, honey,
maple syrup, homemade goods and other agricultural produce in its
raw or natural state. Cider, jams/jellies and baked goods may also
be sold.
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.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols, used as a symbol of a government, political subdivision
or other entity, or for decorative purposes.
An official map published by the Federal Emergency Management
Agency as part of a Flood Insurance Study. The FBFM delineates a regulatory
floodway along watercourses studied in detail in the Flood Insurance
Study.
An official map 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 hazards 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 watercourses 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 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 requirement 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 a 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.
That side of a lot abutting on a street or right-of-way and
ordinarily regarded as the front of the lot, but it shall not be considered
as the ordinary side line of a corner lot.
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
The sale of personal property conducted in or near a residence,
under cover or partially under cover or completely outside of any
building, in the open. The term shall include garage sales, lawn sales,
porch sales, patio sales, rummage sales or other similar sales which
are advertised, by a sign or other means, for the public to attend.
A building or indoor space in which to park or keep a motor
vehicle and which is connected to the primary structure.
A building or indoor space in which to park or keep a motor
vehicle and which is disconnected from the primary structure and surrounded
completely or partially by open space. See also "shed."
Any garage other than a private residential garage, available
to the public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting, or equipping of automobiles
or other motor vehicles.
See "motor vehicle service station."
Excavation or fill of material, including the resulting conditions
thereof.
A structure possessing a valid certificate of occupancy from
the Code Enforcement Officer.
All areas formerly contained within the Village of Macedon.
A site or structure which may not be included in an historic
district, but which has an important historic, architectural or cultural
significance to the Town, region, state, or nation. An historic site
may be locally designated or listed or eligible for listing on the
State and/or National Registers of Historic Places.
Any structure that is individually listed or eligible for
listing on the State or National Registers of Historic Places or has
been determined to meet the requirements for listing on the National
Register as defined by the Secretary of the Interior; or any structure
individually listed on a local inventory of historic sites.
An area containing buildings or places in which notable historic
events occurred or having special public value because of notable
architectural or other features relating to the cultural or artistic
heritage of the area, of such significance as to warrant conservation
and preservation.
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 establishment, garages or shops for the repair of
motor vehicles, retail businesses and trades, barber and beauty shops
and other personal service establishments.
A building or group of buildings with greater than 15 lodging
units, other than a boardinghouse or tourist home in which there are
rental lodging units, and which may also include dining rooms, kitchen
serving rooms, ballrooms and other facilities and services intended
primarily for the accommodation of patrons. Hotels provide enclosed
and shared-access facilities from a central location within the structure.
Each sleeping unit shall contain not less than 240 square feet of
gross floor area.
Any roofed or other solid structure or material covering
the ground through which water does not readily infiltrate, including
but not limited to structures, concrete, oil and stone, tar or asphalt
pavement, or compacted gravel. Regardless of the construction materials,
any area which is used for driveway or parking purposes, including
disturbed grass, ground cover or dirt, shall be considered impermeable.
The ratio between impervious surface and total land area
of a lot, expressed as the percentage of land covered by impervious
surfaces.
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.
The storage, repair, assembly, manufacture, preparation or
treatment of any article, substance or commodity whatsoever, including
the operation of commercial garages.
Any factory, shop, yard, warehouse, mill or other nonresidential
premises utilized in whole or in part for the processing, preparation,
production, containerizing, storage or distribution of goods, wares,
commodities, parts, materials, electricity and the like. The processing,
preparation and production activities customarily deal with man-made
or raw materials and other manufactured items which are altered, restored
or improved by the utilization of biological, chemical or physical
actions, tools, instruments, machines or other such similar natural,
scientific or technological means. Heavy industry shall also include
the handling of any waste products and materials. These uses are likely
to generate significant levels of truck traffic, noise, pollution,
vibration, dust, fumes, odors, radiation, radioactivity, poisons,
pesticides, herbicides, or other hazardous materials, fire or explosion
hazards, or other undesirable conditions. Heavy industrial processes
and treatments include but are not limited to such operations as mixing,
crushing, cutting, grinding and polishing; casting, molding and stamping;
alloying and refining; assaying, cleaning, coating and printing; and
assembling and finishing.
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail from previously prepared materials,
parts, or finished products. Such operations are characterized as
lower in intensity, cleaner, and generally more compatible when located
adjacent to commercial and residential areas than heavy industrial
operations. Light manufacturing operations have limited external effects
of the manufacturing or assembly process, such as odors, vibrations,
emissions, or other nuisance characteristics, through prevention or
mitigation devices and conduct of operations within the confines of
buildings. Typical items for processing, fabricating, assembly, or
disassembly under this use include but are not limited to apparel,
food, drapes, clothing accessories, bedspreads, decorations, artificial
plants, jewelry, instruments, computers, and electronic devices. This
definition also includes machine shops, which are buildings used for
the purpose of fabricating metal parts for various applications.
The process of percolating stormwater into the subsoil.
A commercial facility for the housing and feeding of transients,
containing between five lodging units and 15 lodging units. Access
to each room is provided internally to the building. The facility
may have an ancillary use such as a restaurant or bar.
A lot, land or structure, or part thereof, where junk, waste,
discarded or salvaged materials are bought, sold, exchanged, sorted,
baled, packed, disassembled, handled or abandoned, including motor
vehicle 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
pawnshops 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:
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 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.
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."
Any premises on which four or more dogs, 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.
A person licensed as a land surveyor by the State of New
York.
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.
That area of a site plan not consisting of structures or
pavement. Landscaped area shall consist of those areas on a site plan
that are planted, seeded or provide similar vegetative or landscaped
cover, including ponds.
Materials, including without limitation grass, ground cover,
shrubs, vines, hedges or trees and nonliving natural materials, commonly
used in landscape development.
Any permitted land use which can be expected to generate
more than 300 vehicular trips per day.
A business that cleans clothing or which is equipped with
individual clothes washing and drying and/or cleaning machines for
the principal use of retail customers. This use may or may not include
a dry-cleaning outlet.
Space logically and conveniently located for public pickups
and deliveries, scaled to delivery vehicles expected to be used and
accessible to such vehicles. Required off-street loading space is
not to be included as off-street parking space in the computation
of required off-street parking area.
The Local Waterfront Revitalization Program of the Town of
Macedon, approved by the New York State Secretary of State pursuant
to the Waterfront Revitalization and Coastal Resources Act (Executive
Law, Article 42), a copy of which is on file in the office of the
Town Clerk.[1]
A room or suite of rooms within a hotel, motel, inn, bed-and-breakfast
or other accommodation that must contain independent sanitation facilities,
may contain cooking facilities and is intended for transient occupants.
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 is united by a common interest or use, and
the customary accessory uses and open space belonging to same.
The area of a lot contained within the boundaries of the
lot lines in units of square feet, acreage or other units.
The percentage of the lot covered by the aggregate area of
all buildings or structures on the lot. Impervious surfaces such as
driveways and parking lots are not included in this calculation.
The minimum horizontal distance from the front lot 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 be 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:
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 setback 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 place of business that engages in the repair or fabrication
of machinery, equipment, or parts thereof. For the purposes of uses
permitted by district, such a use shall be considered "industry, light."
A building or collection of buildings used for the purposes
of selling, servicing and repairing machinery and transportation equipment.
For the purposes of uses permitted by district, such a use shall be
considered "industry, heavy."
A legally recorded document that acts as a property deed
restriction, and which provides for long-term maintenance of stormwater
management practices.
A street that serves or is designed to serve heavy flows
of traffic and which is used primarily as a route for traffic between
communities and/or other heavy traffic-generating areas.
Any arrangement that includes but is not limited to piers,
docks, slips, mooring piles, wharves or buoys emplaced in the water
and on abutting land and which is intended to be used for the berthing,
storing, mooring, securing, servicing, repairing, selling or trading,
or renting of vessels. Such an establishment may include dining or
other facilities and services associated with water-dependent activities
and leisure/entertainment. Marinas may also allow customers to stay
overnight on their vessels.
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York, nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulders. The definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facility.
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.
A brewery that produces no more than 60,000 barrels of beer
or other malt beverages per calendar year as regulated under the New
York State Alcoholic Beverage Control Law and which may sell to licensees
but may not sell to the general public without a brewer's retail permit.
A microbrewery may also possess an on-premises liquor license for
the sale, tasting and/or consumption of product.
A distillery producing less than 35,000 proof-gallons of
liquor per calendar year as regulated under the New York State Alcoholic
Beverage Control Law.
See "building, mixed-use."—
A development or redevelopment that allows for the vertical
and horizontal integration of a diverse range of complementary uses
within a single structure or contained on a single lot, including,
but not limited to, residential and commercial uses. A mixed-use development
may contain one or more mixed-use buildings.
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.
Any home constructed of premade parts and unit modules that
are transported on a flatbed truck from the factory to the building
site, where they are permanently anchored onto a foundation. Modular,
homes shall be approved by the New York State Department of Homes
and Community Renewal. Modular homes are subject to the local building
codes where they are constructed. Modular homes are subject to the
regulations of whichever style of home they are designed to be, i.e.,
single-family home, multifamily home, etc.
A building or group of buildings with greater than 15 lodging
units, other than a boardinghouse or tourist home in which there are
rental sleeping rooms, and which may also include dining rooms, kitchen
serving rooms, ballrooms and other facilities and services intended
primarily for the accommodation of patrons. Motels have individual
unit entrances accessible from exterior parking or corridor areas.
The term "motel" includes: motor vehicle courts, motor lodges and
similar terms. Each lodging unit shall contain not less than 240 square
feet of gross floor area. Motels differ from condominium buildings
in that they do not contain dwelling units.
A self-propelled wheeled vehicle approved for use on public
roads by the New York State Department of Motor Vehicles that does
not operate on rails. Vehicle propulsion is provided by an engine
or motor, typically an internal combustion engine, or an electric
motor, or a combination of the two.
A commercial establishment of which the principal use is
the sale and/or rental of automobiles, light-duty trucks and/or vans,
and motorcycles, with repair and maintenance services as an accessory
use; also includes facilities which provide for the storage and rental
of vehicles on a regular basis by the general public, including automobiles,
vans and motorcycles Typical uses include automotive dealerships and
auto rental agencies. No fuel sales shall be part of such an establishment.
General definition: uses that provide direct services to motor
vehicles where the driver or passengers generally wait in the car
or nearby while the service is performed. Incidental uses may include
auto repair and tire sales. See "convenience retail" for uses supplying
vehicular fuels.
Examples. This classification includes the following types of
specific uses:
CAR WASHAny building, land or other premises, the principal use and primary revenue-generating activity of which is the washing, waxing or cleaning (detailing) of automobiles or similar light vehicles. The retail dispensing or sale of vehicular fuels and convenience retail are permitted as accessory uses.
QUICK LUBRICATION SERVICESAny building used for minor servicing and repair of automobiles and light trucks, with an emphasis on the sale and installation of lubricants. Body and fender work or repair of heavy trucks or vehicles and retail dispensing or sale of vehicular fuels are excluded from this use classification.
SERVICE STATIONAny building, land area or other premises whereby the principal use is the minor towing, servicing and repair of automobiles and light trucks; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar vehicle accessories.
The dismantling or disassembling of motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A building containing one or more screens on which motion
pictures are projected for recreation purposes. A movie theater does
not include theaters that show pornographic or other adult-oriented
motion pictures.
Artwork painted directly on an exterior wall, ceiling or
other large permanent surface that is external to the structure.
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.
That portion of the building devoted to display, whether
for viewing or dissemination, of a business' stock-in-trade. This
shall not include entry areas, stockrooms, closets, storage areas,
cash register areas or any area from which the public is excluded
or rest rooms, whether public or private.
Any room, space, or premises operated as a commercial establishment
in which eating and/or drinking takes place, where alcoholic beverages
are served subject to the regulatory authority of the New York State
Liquor Authority, and where the provision of entertainment is the
primary activity. Background music shall not be considered as a form
of entertainment. Synonyms include club; nightspot; disco; social
establishment; cabaret; dinner theater.
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.
A lot of record existing at the date of the enactment of
this chapter, or an amendment thereto, where the owner(s) of said
lot does not own any adjoining property, the resubdivision of which
would create one or more nonconforming lots, which does not have the
minimum width, depth or area for the district in which it is located.
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.
Pollution from any source other than from any discernible,
confined, and discrete conveyances, and shall include, but not be
limited to, pollutants from agricultural, mining, construction, subsurface
disposal and urban runoff sources.
A place providing or designed to provide daytime care or
instruction for three or more children from two years of age to five
years of age away from their home for up to three hours per day.
Any unoccupied space open to the sky on the same lot with
a building.
A small private or public health facility that is devoted
to the care of outpatients that is not used for substantial emergency
treatment, significant surgery or extended inpatient care.
An additional zoning requirement that is placed on a geographic
area. Overlay zoning supersedes underlying zoning. In the event that
overlay zoning does not address a subject, it reverts to the underlying
zoning. Any question of zoning should go for review to the Zoning
Board of Appeals for clarification.
A building site prepared by artificial means, including grading,
excavation or filling or any combination thereof.
A space adequate for parking a motor vehicle and having an
area of not less than 200 square feet per vehicle, exclusive of passageways
and driveways appurtenant thereto. Such space shall be located on
the lot to which it is accessory and shall have direct access to a
street or public way, with minimum dimensions of 10 feet wide and
20 feet long.
A parcel or tract of land dedicated, designated, or reserved
for public or private use. Parks and open space may include unimproved
lands as well as active recreational facilities such as swimming pools,
play equipment, ball fields, court games, and picnic areas.
A building or part of a building devoted to presenting live
entertainment, where an admission fee may or may not be charged.
A specific use to which land, lots, buildings or structures
may be used, occupied or maintained under this chapter as a matter
of right.
Establishments that provide personal services such as laundry,
beauty and similar-type activities, as well as business and professional
offices, such as, but not limited to, real estate, insurance, financial
and medical and legal services.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
A permanent structure raised above the water's surface on
pillars or piles driven into the bed of the watercourse.
A building and, where applicable, its accessory buildings
and uses, where persons regularly assemble for religious worship and
which building, together with its accessory buildings, lands and uses,
is maintained and controlled by a religious body organized to sustain
public worship.
A development in accordance with a single plan for compatible
land uses, subject to the rules and regulations of this chapter.
A map, drawing, or rendering of a subdivision that usually
contains narrative elements.
A drawing, in final form, containing all information or details
required by law and by these regulations, to be presented to the Planning
Board for approval and which, if approved, may be duly filed or recorded
by the applicant in the office of the County Clerk, with a signed
copy provided to the office of the Town Clerk.
A drawing or drawings, clearly marked "preliminary plat"
or "preliminary plan," showing the significant features of a proposed
subdivision, submitted to the Planning Board for the purposes of consideration
prior to submission of the plat in final form and of sufficient detail
to apprise the Planning Board of the layout of a proposed subdivision.
Those plats existing at the time of the enactment of this
chapter that have been filed in the office of the County Clerk, where
20% or more of the lots within the plat are unimproved.
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 a land development activity.
Excessive, displeasing human, animal or machine-created environmental
noise that disrupts the activity or balance of human or animal life.
Any artificially confined body of water.
The act or process of applying measures to sustain the existing
form, integrity, and material of a site, structure, or landmark and
their existing form and vegetative cover. Preservation may include
initial stabilization work, where necessary, as well as ongoing maintenance
of these elements.
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.
At least 51% of the actual cash value of the structure, excluding
land value, is above ground.
Any use which is not listed as a permitted use.
Land development activity.
See "bar."
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, including golf courses, playgrounds, rest room
and bathing facilities and recreational areas when authorized or operated
by a governmental authority.
Nursery schools, elementary schools, secondary schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Public libraries and museums.
Administrative office buildings and related facilities operated
by public agencies.
Fire, ambulance, public safety and public works buildings.
Hospitals for the care of human beings, nursing homes, convalescent
homes, homes for adults, homes for the aged or residences for adults
as the same are defined under the Public Health Law or the Social
Services Law of the State of New York, provided that they are duly
licensed by the State of New York.
Membership corporations established for cultural, social or
recreational purposes.
Day-care centers approved by the New York State Department of
Social Services.
The erection, construction, alteration or maintenance by
public utilities or municipalities or other governmental agencies
of underground or overhead gas, electrical or water transmission or
distribution systems, including poles, wires, mains, drain sewers,
pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies or for
the public health or safety or general welfare, but not including
buildings or communications towers.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, and parks, as well
as the interior and areas surrounding public buildings
The replenishment of underground water reserves;
A business primarily devoted to the amusement of the general
public, such as bowling alleys, indoor amusement arcades, community
centers and health clubs. Incidental food service is also included.
A space designed and used for active and passive participatory
athletic and general recreation activities.
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 official list, maintained by the National Park Service
of the United States Department of the Interior, of historic resources
considered by that agency to be worthy of preservation.
The official list, maintained by the New York State Office
of Parks, Recreation and Historic Preservation, of historic resources
considered by that agency to be worthy of preservation.
See "place of worship."
Facilities used primarily for research, development and/or
testing of innovative information, concepts, methods, processes materials
or products. This can include the design, development and testing
of biological, chemical, electrical, magnetic, mechanical and/or optical
components in advance of product manufacturing. The accessory development,
fabrication and light manufacturing of prototypes or specialized machinery
and devices integral to research or testing may be associated with
these uses.
Any temporary storage space for a vehicle waiting for admission
to a commercial use for service. Such space shall be in addition to
drives, aisles or parking spaces required by this chapter. One reservoir
space shall be 20 feet long and eight feet wide.
A building or portion thereof wherein the owner and/or proprietor
is compensated for furnishing lodging and varying amounts of custodial
care to three or more persons by reason of them being elderly, handicapped,
bedfast, chronically ill, impaired, convalescing and/or needing such
care, but not including hospitals, clinics or similar institutions
devoted primarily to the diagnosis and treatment of disease or injury
and/or providing surgical and obstetrical services or asylums for
the insane. This term includes boarding and rooming houses for aged
people, nursing homes, homes for adults (rest homes), homes for the
aged and handicapped, convalescent homes for children, homes for the
elderly, homes for prenatal care and the like.
Residential uses shall include dwellings, condominiums, apartments
and apartment buildings as defined herein. Hotels, motels, bed-and-breakfasts
and inns are not residential uses.
As defined by the New York State Liquor Authority under New
York State Alcoholic Beverage Control Law § 3. In addition,
locally defined to include any establishment, however designated,
at which food and beverages are sold for consumption on the premises
to patrons seated within a structure or otherwise enclosed within
a building or elsewhere on the premises. A snack bar or refreshment
stand at a public, semipublic or community swimming pool, playground,
playfield or park, or an approved vendor operating the recreational
facilities for the convenience of the patrons of the facility, shall
not be deemed to be a restaurant.
A small restaurant characterized by its casual atmosphere,
limited menu, lack of table service and a maximum interior seating
capacity of 25 persons. Food is typically cooked, prepared or assembled
to order for consumption both on and off premises. Eateries include
pizza, sandwich, ice cream and coffee shops and restaurants of a similar
scale and intensity. Eateries do not have drive-through facilities.
A specific type of restaurant characterized both by its cuisine
and lack of table service. Food may be offered from a limited menu;
may be cooked in bulk in advance and kept hot; may be finished and
packaged to order; and may be available ready to take away. Often,
these establishments include a drive-through facility; however, the
terms are not synonymous.
A restaurant that must include table service, and where there
is no drive-through ordering or drive-through pickup.
Revision of all or part of an existing filed plat.
Uses characterized by the direct on-premises sale of goods
and services to the ultimate consumer, including on-premises fabrication,
processing, servicing and preparation. When referenced, this term
shall include all forms of retail as described herein.
Small commercial establishments, less than 3,000 square feet
in gross building area, catering primarily to residents of nearby
areas, providing frequently needed retail goods and personal services,
which may include ready-to-order and prepared foods such as but not
limited to sandwiches, pizza, and beverages. The sale or dispensing
of petroleum-based fuels and lubricants for motor vehicles shall be
limited to four fuel pump dispensers. May include the sale of prefilled
propane fuel tanks 40 pounds and smaller, yet does not include the
refilling of any sized propane tank.
A commercial establishment focused on the sale of large and/or
bulk goods, materials and resources. Such uses involve large outdoor
storage yards, with ancillary buildings and structures utilized on
site for the storage and display of products. Typical uses include
building supply and farm equipment stores, retail tree and landscape
nurseries, retail stone and quarry yards, garden shops, lumber yards
and petroleum product sales.
Any building or structure larger than 8,000 square feet in
gross building area in which one or more articles of merchandise,
commerce or services are provided, including, but not limited to,
department stores, furniture stores, appliance sales, home goods,
food markets, clothing and accessory stores, and pharmacies. Such
uses may include an individual business, a building with multiple
businesses, or a parcel with multiple retail buildings.
Any retail business establishment less than 8,000 square
feet in gross building area in which a limited range of merchandise
or services are provided for sale, including, but not limited to,
salons, clothing and accessory stores, banks, insurance sales, small-scale
grocery or nutritional goods stores, or proprietary goods manufactured
or assembled on-site.
A strip of land, either public or private, occupied or intended
to be occupied by a street, sidewalk, trail, railroad, electrical
transmission line, oil or gas pipeline, water main, sanitary or storm
sewer, television cable, telephone line, fiber optic cable or other
similar use.
The lands required for the installation of stormwater sewers
or drainage ditches or field tiles which are required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water therein to safeguard the public against flood damage.
A dwelling, other than a hotel, motel, or tourist home, where
more than two persons are housed or lodged for hire, with or without
meals. A rooming house is distinguished from a tourist home in that
it is designed to be occupied by longer-term residents as opposed
to overnight or weekly guests.
A school established by a nongovernmental organization supported
by private funds for the purposes of providing education.
Any elementary or secondary school supported by public funds
and providing free education for children of a community or district.
The treatment or storage of fragments of metal discarded
as waste in manufacturing operations, or machines, tools or equipment,
or other metal parts.
Measures that prevent eroded sediment from leaving the site.
Cold-water fisheries shellfish beds, swimming beaches, groundwater
recharge areas, water supply reservoirs, and habitats for threatened,
endangered or special concern species.
See "motor vehicle service."
The distance from the street line to the part of the structure
nearest the street, measured at right angles to the street line, not
including cornices or open entrance hoods anchored to the building
without posts, which do not project more than three feet from the
building wall, nor retaining walls and fences, nor open entrance steps,
nor open terraces not more than two feet in height above the finished
grade and which do not project more than six feet from the building
wall. Setback requirements, as listed in the Zoning Bulk and Use Table
included as an attachment to this chapter, apply to the location of
buildings, not driveways, parking areas, or other landscaping treatments.
FRONT YARDThe least required horizontal distance between the front lot line, or in instances where sidewalks are present or required from the interior sidewalk edge, and the principal building measured at the shortest point. On waterfront lots which border water on one or more lot lines, the lot line on the road front is considered the principal front lot line.
REAR YARDThe least required horizontal distance between the rear lot line and the principal building measured at the closest point.
SIDE YARDThe least required horizontal distance between the side lot line and the principal building measured at the closest point:
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area or buttocks.
Any enclosed building, 200 square feet or less, not intended
for habitation. For purposes of this chapter, a shed is permitted
as an accessory building.
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, billboards,
sign boards, illuminated signs, pennants, fluttering devices, projecting
signs, or ground signs.
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.
Any visual message incorporated into an awning attached to
a building.
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 on which the visual message may be periodically changed.
A sign that directs attention to the location of a local
service or place of business.
The construction, alteration, repair, display, location or
relocation, attachment, placement, suspension, affixing or maintenance
of any sign, including the painting of exterior wall signs and the
use of any vehicle or other substitute for a sign.
A sign or sign support structure that is not attached to
or part of a building or structure.
A sign supported by a pole, uprights or braces which are
placed in or on the ground.
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
and which does not conform to the regulations and restrictions imposed
herein.
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.
Any 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 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 the Planning
Board.
The process by which the Planning Board reviews site plans
for development to ensure compliance with the Comprehensive Plan,
zoning code and other land development regulations.
A room or suite of rooms within a hotel, motel, inn, bed-and-breakfast,
boardinghouse or other accommodation that does not meet the definition
of a dwelling unit and is intended for transient occupants.
A facility containing 10 or fewer lodging units for the temporary
housing of transients for a fee. Small-scale accommodations must be
a secondary use within a mixed-used building. Hotels, motels, bed-and-breakfasts
and inns are not considered small-scale accommodations.
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.
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.
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board before
it may be permitted in the district enumerated in this chapter.
A permit provided by the Planning Board for a use requiring review, for uses that are not permitted expressly in a district but are listed as requiring a special use permit, subject to the requirements of Article IV.
Human male or female genitals, pubic areas or buttocks with
less than a full opaque covering.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
Any real property designed and used for the purpose of renting
or leasing individual storage space to occupants who are to have access
to such facility for the purpose of storing and removing personal
property. Such properties can have indoor and outdoor storage capabilities.
Rainwater, surface runoff, snowmelt and drainage.
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.
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.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
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.
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.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
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.
The established boundary lines of the right-of-way of a street,
alley or public thoroughfare.
The wearing or exposed surface of the roadway used by vehicular
traffic.
The width of the right-of-way, measured at right angles to
the center line of the street.
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, signs, billboards,
towers, antennas and satellite television dishes.
The legal division of any parcel of land into two or more
lots, plots, sites, or other division of land, for the purpose, whether
immediate or future, of transfer of ownership of building development,
and shall include resubdivision.
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots or any sized
subdivision requiring any new street or extension of municipal facilities.
Any subdivision which contains not more than four lots fronting
on an existing street; does not include any new street or road; does
not require the extension of municipal facilities; does not adversely
affect adjacent properties, and is not in conflict with any provision
of the Comprehensive Plan and Official Zoning Map of the Town, or
these regulations.
Any subdivision involving a revision in a previously recorded
plan approved in the Town which has minimal site and traffic impact,
does not create any increase in the number of lots, does not involve
any new streets or easements of access, does not adversely affect
the development of the remainder of the parcel or adjoining property,
and which is not in conflict with any provisions of this chapter.
Any repair, reconstruction, alteration, modification of a
building, the cost of which equals or exceeds 50% of the market 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 Building Inspector 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 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 water of
the state (such as disposal area in wetlands) nor resulted from impoundment
of waters of the state.
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. This includes both private and public swimming
pools.
See "bar."
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 this construction work.
A dwelling in which overnight accommodation are provided
or offered for transient guests for compensation. For purposes of
this chapter, "tourist home" shall include bed-and-breakfast establishments.
Includes any structure, including dish antennas, 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 radiofrequency signals, such
as, but not limited to, broadcast, short-wave, citizens band, FM or
television signals or wind-driven devices such as energy converters
and windspeed and/or direction indicators.
The Town of Macedon.
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
The Building Code of the State of New York State, as may
be modified from time to time.
The specific purpose or activity for which land or a building
is designed, arranged, intended, or for which it is or may be occupied
or maintained.
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
The main use for which a building or lot is used or intended
to be used.
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 relation 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.
Any 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 buildings incidental to new construction
which are removed after the completion of the construction work.
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.
A variance from the area and bulk requirements or supplementary
regulations of a related character (such as amount, size, location
or design of access, off-street parking, landscaping, signs) to authorize
on a specific lot a permitted use which could not feasibly be established
without relief from one or more of the dimensional requirements pertaining
to the district.
A variance from the use regulations to allow the establishment
on a specific lot of a use otherwise prohibited in the district.
An activity which can only be conducted on, in, over or adjacent
to a water body because such activity requires direct access to that
water body, and which involves, as an integral part of such activity,
the use of the water.
New York State defines "water-enhanced uses" as uses that
do not require a location adjacent to or over water, but whose location
on land adjacent to the shore adds to the public use and enjoyment
of the water's edge. Examples of water-enhanced uses might include:
restaurants and hotels that may have a water view or water access,
retail shops for boaters and trail walkers, residential developments
on the water, yacht clubhouses and bait shops, to name a few.
A permanent or intermittent stream or other body of water,
either natural or man-made, which gathers or carries surface water.
This includes the historic Erie Canal and Ganargua Creek.
The lateral confines or channel margins of a stream not in
flood stage.
The channel bottom of a stream, river or creek which physically
confines the normal water flow.
The form used by an agency to assist it in determining the
consistency of an action with the Local Waterfront Revitalization
Program.
The area located within the boundaries of the Town, as delineated
and described in the Town of Macedon Local Waterfront Revitalization
Program.
A channel that directs surface runoff to a watercourse or
to a public storm drain.
An alternative 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 building or property where wine is produced, can be sampled
and can be sold as well.
Land, buildings, structures; and the surface of water for
use by an incorporated club, for the purpose of boating, sailing,
or yachting and in which the affairs of the organization are actually
conducted and carried on by the members thereof.
A required open space unoccupied and unobstructed by any
structure, except as may be provided by this chapter, and situated
between the principal building or group of buildings and the nearest
lot line.
FRONTA 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.
REARA 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 yards and side yards.
SIDEA yard extending between the side building line and the nearest side lot line; situated between the front and rear yards. Side yards can be determined to be front yards when on a corner lot with no real rear yard.
The officially established Zoning Board of Appeals of the
Town.
The classification of lands as established in this chapter
and by the Zoning Map.
The map delineating the boundaries of the zoning districts
which, along with the zoning text, comprise this chapter.
