As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING, USE, OR STRUCTURE
A building, use, or structure which is customarily incidental
to that of a principal building or use and which is located on the
same lot as that occupied by the principal building or use.
ADULT ENTERTAINMENT USE
Any person, establishment or business involved primarily
in the viewing or dissemination or material distinguished or characterized
by an emphasis on matter depicting, describing or relating to a specific
sexual activity or anatomical area(s).
ADVERSE NOISE IMPACTS
A sound level condition that creates, imposes, aggravates
or leads to inadequate, impractical, or unsafe conditions on a site
proposed for development.
[Added 12-9-2019 by L.L.
No. 2-2019]
AGRICULTURAL OPERATION
The raising and/or production for compensation of crops,
livestock, poultry, dairy products, fish or other wildlife, trees,
maple syrup products, and other similar pursuits. Tree growing operations;
and the sale, at wholesale or retail, of farm products upon the premises
where the same are grown or produced shall be considered agricultural
operations.
ALTER/ALTERATION
To change or rearrange any exterior structural part of the
existing facilities of a building or structure, by enlarging the building
or structure, whether by extending any side or increasing the height
thereof, or to move the same from one location or position to another.
It shall not be considered an alteration if there is no expansion
of exterior dimensions. For instance, replacement of windows, doors,
siding, roofing, etc., as well as interior alterations shall not be
considered an alteration for the purpose of this chapter.
AMBIENT NOISE
Any continual or intermittent sound rated at or above 40-45
DbA.
[Added 12-9-2019 by L.L.
No. 2-2019]
AMBIENT SOUND
The average level of undifferentiated background sound perceived
in an area at any given time exclusive of any distinguishable extraneous
sounds or noises. Statistically, the long-term residual ambient sound
level for an area is expressed as the L90 value, i.e., the level that
is exceeded 90% of the time.
[Added 12-9-2019 by L.L.
No. 2-2019]
ANATOMICAL AREA(S)
For the purpose of this chapter, anatomical areas shall include:
A.
Less than the completely and opaquely covered genitals, pubic
region or female breast below a point immediately above the top of
the areola.
B.
Human male genitals in a discernibly turgid state even if completely
covered.
ANIMAL HOSPITAL
Any lot or building used to provide veterinary services,
including the care, feeding and housing of animals.
AUTOMOBILE SERVICE STATIONS
Any lot or building or portion thereof used or occupied for
the sale or supply of gasoline or motor vehicle fuels, oils or lubricants,
or for the polishing, greasing, washing and routine service and maintenance
of motor vehicles.
BOARDING/ROOMING HOUSE
Any building or portion thereof which provides individual
rooms intended for occupancy on either short-term or long-term basis.
Includes boardinghouses, rooming houses and tourist homes. Does not
include mobile homes, camps or cottages.
BUILDING
Any structure having a roof supported by columns or by walls
which is used or occupied for the shelter or enclosure of animals,
persons, or property. Unless specified, the term includes both principal
and accessory buildings.
BUILDING AREA
The total area, taken on a horizontal plane at main grade
level, occupied or to be occupied by the principal building and all
necessary buildings, excluding chimneys, uncovered porches, patios,
terraces, steps, and open areaways.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
[Added 12-9-2019 by L.L.
No. 2-2019]
BUILDING LINE
The line formed by the face of the building/structure, or
the attached part of the building/structure, nearest the lot line.
This shall include measurements from such structures as chimneys,
uncovered patios, terraces, steps, and open areaways roof overhangs,
cornices, eaves and other similar protrusions.
CAMP/COTTAGE
A single structure with accommodations for living and sleeping,
designed for seasonal occupancy, having a minimum area of 200 square
feet. The term does not include trailer camps.
CAMPGROUNDS (COMMERCIAL)
Any lot or area used or occupied by one or more tents, cottages,
cabins, recreation trailers or vehicles which are used for part-time
living or sleeping purposes and for which rents or occupancy fees
are charged.
CERTIFICATE OF COMPLIANCE
A document issued by the proper municipal authority certifying
that the structure or use has been constructed or will be used in
compliance with all the applicable local laws.
CHANGE OF USE
Any use that substantially differs from the previous use
of a building or land. Uses covered under the same definition shall
not be considered a change of use.
CHURCH
A building or structure, or group of buildings or structures
which by design and construction are primarily intended for the conducting
of organized religious services and accessory uses associated therewith.
COMMERCIAL ENTERPRISE
The activity of providing goods and services involving financial
and commercial and industrial aspects whether for profit or not.
[Added 12-10-2012 by L.L.
No. 5-2012]
COMMERCIAL WIND ENERGY CONVERSION SYSTEM (WECS)
A commercial machine with a generating capacity equal to
or greater than 500 kW that converts the kinetic energy of wind into
electricity (also called a "wind turbine").
[Added 12-9-2019 by L.L.
No. 2-2019]
COMMUNITY FACILITY
A building, structure or use operated for the benefit of
the general well-being, health, safety, welfare, and enjoyment of
the public. This includes, but is not limited to, fire stations, libraries,
and community-owned buildings, schools, hospitals, and nursing homes.
DWELLING
A building or portion thereof, used or occupied as living
quarters for one or more families. The term includes modular homes,
but does not include tourist accommodations, trailers or manufactured
homes, halfway houses, convalescent homes, or nursing homes.
[Amended 10-9-2006 by L.L. No. 2-2006]
A.
DWELLING, MULTIPLE-FAMILYA building or portion thereof used or designed as a residence, including cooking, sanitary, living or sleeping facilities for each of the three or more families who reside therein.
B.
DWELLING, SINGLE-FAMILYA detached building designated for or occupied exclusively by one family and containing not more than one dwelling unit. It shall have at least 720 square feet of interior floor area, exclusive of garages, porches, attics, basements, and other similar accessory attachments.
C.
DWELLING, TWO-FAMILYA detached building where not more than two individual families live, or where two dwelling units with separate cooking, sanitary, living and sleeping facilities exist.
EASEMENT
A grant of one or more of the property rights by the owner
to and/or for the use by the public, a corporation or another person
or entity.
ENFORCEMENT OFFICER
The Enforcement Officer is the person appointed by the Town
Board to carry out the regulations of this chapter.
ERECT
To construct, build, or re-erect, reconstruct, rebuild or
excavate for a building or structure.
FAMILY
One or more persons living together as a single housekeeping
unit.
FLAG LOT
A lot characterized by its distinctive shape: narrow frontage
on road connected by a narrow strip (the flag pole) for access to
the major buildable portion of the lot; on a map, the individual lot
generally looks like a flag on a pole. Flag lots can serve to open
the interior of large parcels while minimizing strip development in
the road frontage.
[Added 5-11-2009 by L.L.
No. 1-2009]
FLOOR AREA/FLOOR SPACE
The total horizontal area of all floors of a building, except
the basement and attic, measured along the faces of the interior walls.
FUEL STORAGE AND SUPPLY
Any lot, building or portion thereof used or occupied for
the sale, distribution and/or storage of fuels and/or petroleum products.
GEOTHERMAL CLOSED-LOOP SYSTEM
Closed-loop systems use a ground loop (typically made of
polyethylene or PVC piping) that circulates water or antifreeze to
exchange heat with the ground or a groundwater source. For closed-loop
residential and smaller commercial systems, horizontal "slinky" configurations
are often used. Vertical configurations, which can have column wells
of up to 400 feet deep, are often used for large commercial systems.
Closed-loop systems can also be submerged in bodies of water.
[Added 12-9-2019 by L.L.
No. 2-2019]
GEOTHERMAL ENERGY SYSTEMS
A system of ground-source heat pumps that can also be designed
as direct exchange systems, which circulate a refrigerant through
a copper pipe instead of a typical ground loop. Direct exchange systems
are highly efficient at heat extraction and rejection.
[Added 12-9-2019 by L.L.
No. 2-2019]
GEOTHERMAL OPEN-LOOP SYSTEM
Open-loop systems circulate water for heat extraction and
rejection directly from local groundwater sources. This can reduce
the installed cost due to less piping and enhance system efficiency
due to improved heat transfer.
[Added 12-9-2019 by L.L.
No. 2-2019]
GLARE
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
[Added 12-9-2019 by L.L.
No. 2-2019]
GROSS FLOOR AREA (GFA)
The gross size of the total floor area of the outside dimensions
of a building. These dimensions shall include the length and width
of the facility.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site consumption.
[Added 12-9-2019 by L.L.
No. 2-2019]
HAZARDOUS MATERIALS
Any substances, chemical wastes, or radioactive materials
that could cause serious injury or disease during the storage, collection
and disposal cycle, including, but not limited to, explosives, inflammables,
poisons, solvents, acids, radioactive materials, by-products of coal,
coke, petroleum, natural gas, and dangerous chemicals or combinations
of chemicals.
[Amended 2-14-2011 by L.L. No. 1-2011]
HEIGHT
The vertical distance measured from the average elevation
of the main grade at the front of the building/structure to the highest
point of the building/structure.
HOME OCCUPATION
Any accessory use of a service character customarily conducted
within a dwelling by the resident thereof which is clearly secondary
to the use of the dwelling for living purposes and does not substantially
change the residential character of the dwelling or have any exterior
evidence of such use, other than an approved advertising sign and
parking requirements associated therewith. Occupations such as physician,
dentist, lawyer, insurance sales, beauty salons, barber shop, convalescent
homes, musical instructor, dressmaker, real estate sales, furniture
refinishing and upholstering, antique sales, and other similar service
uses conducted within the dwelling shall be deemed to be home occupations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HOSPITALS
Any hospital, sanitarium or other institution used or occupied
for the care of persons mentally or physically ill, incapacitated
or disabled. The term includes nursing and extended care homes.
HOTEL
A building which has a common entrance, and general dining
room and contains two or more living and sleeping rooms designed to
be occupied by individuals or groups of individuals for short or extended
periods of time.
IMPERVIOUS SURFACES
Surfaces which do not absorb water. They consist of all buildings,
parking areas, driveways, roads, sidewalks, and any areas of concrete
or asphalt.
[Added 2-14-2011 by L.L.
No. 1-2011]
JUNKYARD
Any lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collection, dismantling,
storage of machinery or inoperative and/or unregistered motor vehicles
or for the sale of parts thereof.
LANDFILL
An area or lot designated or used for the disposal of waste
matter as defined in this chapter and under State Environmental Conservation
Law. The regulations and manner of disposal are identified in said
state law and shall be a part of this chapter.
LANDSCAPING
Improvements to land, including, but not limited to, the
contouring of land, planting of flowers, shrubs, or trees, the use
of decorative features, including sculptures, patterned walks, fountains
and ponds.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces
energy primarily for off-site sale or consumption which produces a
rated power of more than 10 or 25 kilowatts (kW) per hour of energy.
[Added 12-9-2019 by L.L.
No. 2-2019]
LOT
A parcel of land used or occupied, or capable of being used
or occupied, by a building or structure and the accessory buildings,
structures or uses customarily incidental to it, including such yards
as are required by this chapter.
LOT LINE
Any line dividing one lot from another or from the street
or waterway.
A.
LOT LINE, FRONTThe lot line adjoining any street/highway line or any waterway. If a lot adjoins two or more streets or highways, it shall be deemed to have a front lot line respectively on each.
B.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTH
The horizontal distance between the side lot lines measured
at the front lot line.
LOT OF RECORD
Any lot which has been recorded in the County Clerk's
Office prior to the adoption of the Town of Wilna Zoning Law.
[Amended 1-11-2010 by L.L. No. 1-2010]
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT, DEPTH
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lots lines.
MAIN TRANSPORTATION ARTERIAL (MTA)
A road or portion of a road having local or regional significance
as a transportation route and which generally serves greater volumes
of traffic, at higher speeds, and over greater distances than tributary
roads.
MANUFACTURED HOME
A structure transportable in one or more sections that, in
the traveling mode, is eight feet (2,438 mm) or more in width or 40
feet (12,192 mm) or more in length or when erected on a site is 322
square feet (29.7 square meters) minimum and was built on or after
June 15, 1976, on a permanent chassis and designed to be used as a
dwelling with or without permanent foundation when connected to the
required utilities and it includes the plumbing, heating and air-conditioning,
electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all of the requirements
of this definition except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the Federal Department of Housing and Urban Development in compliance
with the standards established under the National Manufactured Housing
Construction and Safety Act of 1974 as amended. The term "manufactured
home" shall not include any self propelled recreational vehicle.
[Amended 10-9-2006 by L.L. No. 2-2006; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
MANUFACTURED HOME PARK
Any lot under single ownership on which five or more manufactured
homes are located, regardless of whether or not rent is charged for
those lot accommodations.
[Added 10-9-2006 by L.L.
No. 2-2006]
MANUFACTURING OPERATION
Any facility which assembles, fabricates, processes, or packages
products, from raw materials or component parts, for sale and distribution
to wholesale and retail establishments or other industries. Does not
include operations involving hazardous materials.
MANUFACTURING OPERATIONS INVOLVING HAZARDOUS MATERIAL
Any facility which assembles, fabricates, processes or packages
products from raw materials or component parts which are hazardous
materials, as defined in this chapter, or the by-product and wastes
from these processes are hazardous materials.
MOBILE HOME
A movable, portable dwelling unit that was built prior to
June 15, 1976, and designed and constructed to be towed on its own
chassis composed of frame and wheels connected to utilities and designed
and constructed without a permanent foundation for year-round living,
excluding travel trailers with the HUD sealed manufactured homes.
[Amended 10-10-2005 by L.L. No. 5-2005; 10-9-2006 by L.L. No. 2-2006]
MODULAR HOME
A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities or intended or designed for permanent
installation assembly and permanent installation.
[Amended 10-10-2005 by L.L. No. 5-2005; 10-9-2006 by L.L. No. 2-2006]
MOTEL
A building or groups of buildings, whether detached or in
connected units, used as individual sleeping or living quarters with
direct outside access and related office, with or without restaurant
facilities, designed primarily for transient automobile travelers,
and provided with accessory parking facilities. Includes groups of
camps or cottages.
MOTOR VEHICLE
Any vehicle or apparatus capable of operating under motorized
power.
MOTOR VEHICLE EQUIPMENT AND IMPLEMENT SALES
Businesses which sell, rent and service motor vehicles, recreational
vehicles, farm or construction components and equipment, manufactured
homes and/or similar types of vehicles and/or equipment.
[Amended 10-9-2006 by L.L. No. 2-2006]
MOTOR VEHICLE REPAIR AND SERVICE STATION
Any lot or building or portion thereof used to service motor
vehicles, including routine maintenance, as well as major mechanical
repairs and body work. May include the sale and distribution of motor
vehicle fuels, oils, lubricants, parts and accessories.
NOISE
Any loud, discordant or disagreeable sound or sounds. More
commonly, in an environmental context, noise is defined simply as
unwanted sound. Sound generated by projects may become noise due to
land use if there are receptors surrounding them. When lands adjoining
a proposed project contain residential, commercial, institutional,
or recreational uses, noise is likely to be a matter of concern to
residents or adjacent landowners.
[Added 12-9-2019 by L.L.
No. 2-2019]
NONCONFORMING USE
Any legally existing structure or use not in conformity with
the regulations of the district in which it is located at the time
of the enactment of this chapter or amendment hereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
NONHIGHWAY RECREATIONAL VEHICLE
A nonhighway recreational vehicle primarily manufactured
for the expressed purpose of providing recreational activities, and
will include trailers to transport such vehicles. They are utilized
for cross-country travel on trails or on any of the following: land,
water, snow, ice, marsh, swampland and natural terrain. It includes,
but is not limited to, all-terrain vehicles (ATVs), dirt bikes, boats,
ski jets and snowmobiles.
[Added 12-10-2012 by L.L.
No. 5-2012]
NOXIOUS USE
Any use which is continuously or regularly offensive or injurious
by reason of the emission of excessive amounts of dust, smoke, refuse
matter, odor, gas, fumes, noise or vibration.
[Added 12-10-2012 by L.L.
No. 5-2012]
NURSING HOME
A dwelling where persons are lodged and furnished with meals
and nursing care for commercial or nonprofit purposes. This shall
not include homes for the mentally handicapped, drug or alcohol rehabilitation
patients, etc.
OUTDOOR FURNACE
An outdoor furnace shall be a self-contained unit designed
to provide heating to a building or structure which unit is located
outside of that building or structure.
[Added 2-14-2005 by L.L.
No. 1-2005]
OUTDOOR STORAGE
The keeping, in an unroofed area, of materials associated
with the principal commercial or industrial use permitted on the lot.
PARCEL
The amount of contiguous land identified by a single tax
parcel number.
PARKING LOT
Four or more parking spaces for registered vehicles.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet exclusive
of sidewalks, curb cuts and/or street access.
PERMITTED USE
Any use permitted under the provisions for the district in
which the land, building or structure is located.
PLANNING BOARD
A board appointed by the Town Board and authorized to review
site plans, amendments, industrial district and planned development
district requests.
POOL, SWIMMING
A structure or facility constructed to hold water at least
three feet deep and used by public and/or private parties for recreational
purposes.
PRINCIPAL BUILDING
A building in which is conducted the main or principal use
of the lot on which such building is located.
PRINCIPAL USE
The main or principal use purpose for which any land, building
or structure is used or occupied. There will be no more than one principal
use per lot, except on residential lots, for which the owner may be
allowed additional structures which would be used by other family
members or relatives, provided the additional structures meet all
zoning regulations and are placed to conform with a further potential
subdivision of property.
[Amended 2-14-2005 by L.L. No. 1-2005]
PROFESSIONAL OFFICES
Offices which offer professional or consulting services such
as medical, legal, engineering, architectural and other similar services.
PUBLIC UTILITY FACILITY
Such uses shall include the erection, construction, alteration,
or maintenance, by public utilities or municipal or other governmental
agencies of: underground or overhead gas, electrical, steam or water
transmission generation or distribution systems; electronic communications
apparatus; solid waste transfer sites; sewage treatment plants, etc.;
and other similar equipment and accessories used in connection therewith
for the furnishing or adequate services for the public health or safety
or general welfare.
QUARRY, SAND or GRAVEL PIT
Land used for the purpose of extracting stone, sand, gravel,
or topsoil for sale, as a commercial operation; this excludes the
process of grading a lot as preparation to construct a building for
which a building permit has been granted.
RACETRACK/MOTOR VEHICLE RACING ESTABLISHMENT/RACE COURSE
An area devoted to the racing of motor and nonmotorized vehicles
or animals, and all improvements normally associated with racing such
as off-street parking, patron seating, concessions, and a fixed race
track.
[Added 12-10-2012 by L.L.
No. 5-2012]
RECREATION FACILITY, PUBLIC OR PRIVATE, INDOOR
A building, structure or portion thereof used principally
for indoor recreation, sports or leisure activity, conducted as a
commercial enterprise or otherwise as a principal use. The term includes,
but is not limited to, billiard parlors, bowling halls, live or motion-picture
theaters, amusement or video game centers, indoor sports facilities,
gymnasiums, physical fitness centers, martial arts schools, dance
schools and membership clubs. The term does not include adult entertainment
establishments, special events facilities or indoor recreation as
a community facility or as an accessory use for an institutional use,
club or nonprofit organization.
[Added 12-10-2012 by L.L.
No. 5-2012]
RECREATION FACILITY, PUBLIC OR PRIVATE, OUTDOOR
A lot with or without accessory buildings, structures and
other site improvements used for outdoor recreation, sports or leisure
activity and conducted as a commercial enterprise. The term includes,
but is not limited to, drive-in or open air theaters, exhibition facilities,
field sports facilities, golf courses, driving ranges and miniature
golf facilities. The term does not include special events facilities,
campgrounds, race tracks, marinas or outdoor recreation as a Town-owned
community facility or as an accessory use for an institutional use,
or nonprofit organization.
[Amended 12-10-2012 by L.L. No. 5-2012]
RECREATION FACILITY, PUBLIC OR PRIVATE
A municipally or privately owned and operated recreational
facility (for commercial purposes), such as a swimming pool, tennis
courts, athletic field, playground, or other similar facility for
recreational use.
RESTAURANT/BARS
A commercial establishment that prepares and serves food
and/or alcoholic beverages to the public.
ROAD
A thoroughfare for motor vehicles which affords the primary
means of access to private property.
ROAD RIGHT-OF-WAY LINE
The dividing line between a lot and a road. Where there is
no established road right-of-way line, the road right-of-way line
shall be considered to be 25 feet from the center of the road.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
[Added 12-9-2019 by L.L.
No. 2-2019]
SATELLITE DISH ANTENNA
A permanently or temporarily placed dish-shaped antenna used
for the purpose of receiving microwave television signals from Earth-orbiting
satellites.
SETBACK
The distance between a lot line and a building line. The
term is used to refer to front, side or rear distances.
SEXUAL ACTIVITIES
For the purpose of this chapter, sexual activities shall
include:
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
SHOPPING CENTER
A group of three or more commercial establishments built
on a site that is planned, developed, owned and managed as an operating
unit related in location, size, and type of shops to the trade area
that the unit serves; it provides on-site parking in definite relationship
to the type and total size of the stores.
SIGN
Any kind of billboard, sign-board, pennant, or other device
or display used as an advertisement, announcement, or direction.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered on the premises
or elsewhere.
SITE
The spatial location of an actual or planned structure or
set of structures (such as a building, town, or structure). Wind energy
conversion system (WECS) sites are all parcels of land making up the
WECS project.
[Added 12-9-2019 by L.L.
No. 2-2019]
SITE PLAN REVIEW
The process by which the Planning Board reviews those uses
stated in this chapter that require site plan review.
SMALL SCALE/ON-SITE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted or roof-mounted
on any legally permitted building or structure for the purpose of
producing electricity for on-site usage which produces a rated power
of 10 or 25 or fewer kilowatts (kW) per hour of energy.
[Added 12-9-2019 by L.L.
No. 2-2019]
SMALL WIND ENERGY CONVERSION SYSTEM (WECS)
Small wind systems are defined as wind turbines with generating
capacities between 1 kW and 100 kW. Small wind systems are rated by
their potential generating capacity. The maximum output in watts of
the turbines generator is used as a base comparison.
[Added 12-9-2019 by L.L.
No. 2-2019]
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
[Added 12-9-2019 by L.L.
No. 2-2019]
SOLAR ENERGY SYSTEM
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment.
[Added 12-9-2019 by L.L.
No. 2-2019]
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
[Added 12-9-2019 by L.L.
No. 2-2019]
SOUND
An oscillation in pressure, stress, particle displacement
or other physical parameter in a medium with internal forces (American
National Standards Institute terminology).
[Added 12-9-2019 by L.L.
No. 2-2019]
SOUND LEVEL
The sound pressure level or weighted pressure level, in decibels,
as measured by the use of a metering characteristic and the weighing
A, B, and C (American National Standards Institute terminology).
[Added 12-9-2019 by L.L.
No. 2-2019]
SPECIAL USE PERMIT
A permit for special uses which must be approved by the Planning
Board, granting permission to the Enforcement Officer to issue a zoning
permit.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
[Added 12-9-2019 by L.L.
No. 2-2019]
STORAGE UNITS
Structures including, but not limited to, commercial transport
trailers (with or without wheels attached), truck boxes and container
boxes. Storage units shall not include vans, station wagons, mobile
homes, campers (motorized or not), or any unlicensed motor vehicle.
A storage unit shall be considered an accessory structure.
[Added 2-14-2005 by L.L.
No. 1-2005]
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. The term includes dwelling units, buildings, swimming
pools, platforms, stadiums, towers, billboards and signs, fences,
walls.
TOTAL HEIGHT
The height of the tower and furthest vertical extension of
the blade tip of the WECS.
[Added 12-9-2019 by L.L.
No. 2-2019]
TOWER HEIGHT
Towers are made of tubular steel, steel lattice or concrete
and taller towers help generate more electricity since the wind rate
increases with height. The tower height is the height above grade
of the fixed portion of the tower structure.
[Added 12-9-2019 by L.L.
No. 2-2019]
TRAILER
See "manufactured home."
[Amended 10-9-2006 by L.L. No. 2-2006]
USE
The specific purpose for which any land, building or structure
is designed, arranged, intended, or occupied.
VARIANCE, USE
An exception granted to utilize land for a use not permitted
in a district.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this chapter.
WALL
A structure of wood, stone or other materials or combination
thereof intended for defense, security, screening, partitioning, or
enclosure; or for the retention of earth, stone, fill or other materials
as in the case of retaining walls or bulkheads. A fence shall be considered
a wall.
WASTE MATTER
Any refuse, rubbish, litter, garbage, decomposable or organic
putrescible matter, carcass, sewage, excrement, slops, ashes, tin
cans, metals, crates, boxes, or other material offensive to the public
or detrimental to its health, safety, and welfare by virtue of its
volume or nature.
WATERFRONT PROPERTY LINE
Along waterfront property, the waterfront property line shall
be determined as the high-water level elevation.
WATERWAY or WATER BODY
For the purpose of the chapter, a waterway or water body
shall be the Black River and the Indian River.
WIND ENERGY CONVERSION SYSTEM (WECS)
A machine that converts the kinetic energy in the wind into
a usable form (commonly known as "wind turbine" or ("windmill").
[Added 12-9-2019 by L.L.
No. 2-2019]
YARD
Generally determined to mean that unoccupied open space (from
the ground upward) between the building line and the nearest lot line
or street line.
A.
YARD, FRONTThe yard between the front building line and the front lot line and extending the full width of the lot. For the purpose of this chapter, the front yard of waterfront property shall be the yard between the waterfront property line and the front building line.
B.
YARD, REARThe yard between the rear building line and the rear lot line and extending the full width of the lot. For the purpose of this chapter, the rear yard of waterfront property shall be the yard between the rear building line and the waterfront property line.
C.
YARD, SIDEAn unoccupied space extending from the front yard to the rear yard between the required side setback line and the nearest side lot line.
ZONING BOARD OF APPEALS
A board appointed by the Town Board whose principal duties
are to consider requests for variances from this chapter.
ZONING PERMIT
A permit issued under this chapter allowing the establishment
of a new use or the construction, placement or alteration of a building
or structure.