A.
Unless otherwise listed below, the numbers, abbreviations, terms
and words used herein shall have the meanings of common usage as set
forth in the most recent version of Webster's Unabridged Dictionary.
B.
Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the singular include the plural; words used in the plural include the singular; the word "herein" means in this chapter; the word "requirements" means the minimum requirements necessary for the purposes set forth in Article I; and the words "this chapter" shall mean this chapter and the schedules and maps included herein as enacted or subsequently amended.
C.
The word "person," as used in this chapter, shall be defined to include,
but not be limited to, an individual, a partnership, a joint venture,
a corporation, an unincorporated association, a firm or any other
form or entity, contractors, subcontractors, or journeymen.
D.
The word "lot" includes the word "plot."
E.
The term "occupied" or "used," as applied to any land or building,
shall be construed to include the words "intended," "arranged," or
"designed to be occupied or used."
F.
"Shall" is always mandatory.
The following are definitions of key terms used elsewhere in
this chapter. These definitions are supplemented by others applying
to specific uses that are offered in the context of regulations applying
to such uses. Where a definition references a specific law, code,
or statute, any amendments to that law or code shall apply.
The place, means, or way by which pedestrians and/or vehicles
shall have safe, adequate and usable ingress and egress to a property,
structure, or use.
A building or structure incidental, related, appropriate
and clearly subordinate to and located on the same lot occupied by
the main building or structure.
A use incidental, related, appropriate and clearly subordinate
to the main use of the lot or building, which does not alter the principal
use of the subject lot or affect other properties in the district.
The Americans with Disabilities Act.[1]
Adapting an existing building or structure for a new purpose
or use.
As defined by the New York State Uniform Fire Prevention
and Building Code, currently, and as same may be hereafter amended.
A state-required form identifying farm operations within
a certified agricultural district located within 500 feet of the boundary
of property upon which an action requiring municipal review and approval
by the Planning Board, Zoning Board of Appeals or Town Board pursuant
to Article 16 of New York State Town Law takes place.
An official Agricultural District recognized by the County
of Ulster and the New York State Department of Agriculture and Markets
under Article 25-AA of the New York State Agriculture and Markets
Law.
Structures used to house seasonal and/or full-time employees
where such residences are provided by the farm landowner and/or operator,
the worker is an essential employee of the farm landowner and/or operator
employed in the operation of the farm, and the farm worker is not
a partner or owner of the farm operation.
A commercial facility where raw agricultural products are
processed into food or other products for animal or human consumption,
distribution or use in other processes, including but not limited
to cheese making, feed production, winemaking and fruit storage.
A commercial agricultural sales operation conducted in the
manner of:
A permanent structure, that allows for agricultural producers
to retail their products and agriculture-related items directly to
consumers and enhance income through value-added agricultural products,
services and activities; and/or
A direct marketing operation without a permanent structure and
only offering outdoor shopping. Such an operation is seasonal in nature
and features on-farm produced as well as locally produced agricultural
products, value added agricultural products, and handmade crafts.
This shall include any "pick-your-own" types of retail agricultural
activities.
A commercial attraction where visitors are entertained and
educated regarding agricultural and farm activities, including petting
zoos, pumpkin patches, corn mazes, farm museums and other activities
revolving around a central farming theme, including ancillary activities
and uses (e.g. bed-and-breakfast lodging or cafe) that supplement
the agricultural elements of the enterprise but retain it as the primary
theme.
A use involving the production, keeping, or maintenance for
sale, lease or personal use of plants and animals useful to man, including
but not limited to forages, grain and seed crops, dairy animals, poultry,
beef, sheep, horses, pigs, bees, fur animals, trees, food of all kinds,
vegetables, nurseries, and lands devoted to soil conservation or forestry
management programs. See also "farm operation."
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
The keeping, grazing, feeding, and care of animals, excepting
household pets, animals kept in conjunction with a farm operation,
as defined herein, or animals kept in conjunction with a kennel or
veterinary office.
A facility operated as a place of refuge where abused, neglected,
unwanted, impounded, abandoned, orphaned or displaced domestic, farm,
or wild animals are provided care for their lifetime or rehabilitated
and released back to their natural habitat, and which does not engage
in animal breeding, animal research, or the commercial sale, trade
or barter of the animal or animal's body parts, and which allows only
supervised public access by means of a structured educational visitor
program.
The owner, or authorized agent of the owner; including, but
not limited to, any individual, partnership or corporation that undertakes
any of the activities covered by this chapter.
A commercial establishment where property or items of merchandise
are sold to the highest bidder.
A story in a building having a floor below the finished grade
at any point on the periphery of the building and having a structural
ceiling at least four feet above the average finished grade along
each side of the building facing the street.
An owner-occupied new or existing residence that is used,
in the manner of a home occupation, to provide overnight lodging with
breakfast as part of the consideration and involving shared bath and
dining facilities, as defined by the New York State Uniform Fire Prevention
and Building Code; also including youth hostels.
A part of a required setback area (yard) used to provide
separation between incompatible uses to affect a visual barrier, block
physical passage between uses or reduce noise, dust and litter. The
separation may be effected by fencing, dense vegetative planting,
and the provision of additional setback distances, earthen berms or
a combination thereof.
See "structure."
The vertical distance measured from the average elevation
of the proposed finished grade to the highest point of the roof for
flat roofs; to the deckline of mansard roofs; and to the mean height
between eaves and ridge for gable, hip and gambrel roofs.
The person charged by the Town Board with responsibility
for administration and enforcement of this chapter. Also known as
Code Enforcement Officer or Building Department.
A permit issued by the Town of Rochester to permit the construction,
expansion, removal, repair or replacement of any structure.
Any facility where fuel, including but not limited to kerosene,
home heating oil, gasoline, and propane, is stored in tanks for distribution
to wholesale establishments or individual users.
A lot or space within a campground or RV park used for tent
camping or as a site for recreational vehicles; or an area of land
otherwise offered by the developer or operator through sale, lease,
rent, membership or any other means for camping purposes regardless
whether or not done for pecuniary gain.
The development or use of a lot, tract or parcel of land
for the purpose of providing a site for travel trailers, truck campers,
camper trailers, motor homes, tents, park model recreational vehicles
(as defined by the Recreational Vehicle Industry Association) or permanent
cabins of less than 500 square feet footprint size that represent
less than 20% of such accommodations as are offered, that is owned
and managed as a resort for camping purposes. "Campsites," "campgrounds"
or "recreational vehicle parks," tent camping facilities and other
similar facilities, regardless whether rights to occupy a campground
lot are conveyed by lease, rent, sale or any other means shall be
included in this definition. Also, this definition shall include those
situations where camping occurs with no specific rights of occupation
offered but the use nonetheless permitted by the owner's direct or
indirect action of lack thereof.
TRANSIENT CAMPGROUND or RECREATIONAL VEHICLE (RV) PARKSPublicly operated facilities or businesses offering three or more campground or RV park lots with or without the usual accessory recreational and service facilities, for use for tent camping and/or recreational vehicle camping by the public at large on a transient basis. Sites are rented on a daily or weekly basis or otherwise permitted by the owner to be used for camping on a temporary short-term basis.
NONTRANSIENT CAMPGROUND or RECREATIONAL VEHICLE (RV) PARKSPlanned private communities with recreational and service facilities, including central water and sewer facilities and usually a restaurant and/or bar, lounge, chapel and community hall, for use only by occupants of tent and/or recreational vehicle sites within the campground. Sites may be owned in common or individually by membership or may be leased on an annual, monthly or other seasonal basis.
The use of a property as a site for sleeping outside; or
the parking of travel trailers or similar equipment, the erection
of tents or other shelters, to serve as temporary residences.
A place used for burials, whether in the ground or in mausoleums.
A sewage system or water supply system designed to serve
more than one dwelling unit or building; not including the use of
a single well or disposal system for two dwellings on the same parcel
of land. See "on-site sewage or water supply" for further information.
A document that is issued by a municipal government upon
completion of a building or structure or the determination that a
use is ready for occupancy and in compliance with municipal building
and zoning codes and approved site plans.
A conversion of the use of land from one category on the
Schedule of District Regulations[2] to another (e.g., from an office to a restaurant).
The person charged by the Town Board with responsibility
for administration and enforcement of this chapter. Also known as
Building Inspector.
The business use of a parcel for conferences, banquets, festivals, weddings, or other similar celebratory or educational activities conducted ancillary to another approved or allowed use, subject to the standards of § 140-35.
Any and all amusement and recreation uses and associated
facilities and structures used for sports and leisure activities on
a fee basis, excluding uses which are defined elsewhere in this chapter.
A stationary manufacturing facility in which logs are converted
to lumber products and byproducts by running them through a series
of saws or other equipment including but not limited to kilns and
chippers.
Any wholesale, retail or service business activity established
to carry on trade for profit, which activity is specifically listed
as a separate and distinct nonresidential use on the Schedule of District
Regulations.[3]
Any motor vehicle that requires a commercial driver's license
(CDL) to operate.
Wastewater facilities as regulated by the New York State
Department of Environmental Conservation (NYSDEC). Any such facilities
are to be constructed and approved by NYSDEC in accordance with NYSDEC
regulations and guidelines.
A public water system which serves at least five service
connections used by year-round residents or regularly serves at least
25 year-round residents.
An application for a permit that is in an approved form and
is determined by the Town agency with approval authority to be complete
for the purpose of commencing review of the application, but that
may need to be supplemented during the course of review to enable
the Town to make the findings and determinations required by law.
Approval by the Planning Board of a final plat site plan
or subdivision subject to the completion of specific criteria as set
forth in a resolution conditionally approving the final plat. Such
conditional approval does not qualify a final plat for recording nor
authorize issuance of any building permits prior to the signing of
the plat by a duly authorized officer of the Planning Board and, in
the case of subdivision, recording of the plat in the office of the
County Clerk or register as herein provided.
A legally binding and recorded negative covenant or restriction
that is deeded to a qualified third party to permanently limit certain
development activities on real property, so as to protect conservation
assets such as open space, water quality or wildlife habitat. The
restriction stays with the property through successive owners.
A form of development for residential subdivisions that permits
a reduction in lot area and other development standards to increase
permanent open space.
A one-story, retail store containing less than 5,000 square
feet of gross floor area that is designed and stocked to sell primarily
food, beverages, and other household supplies to customers who purchase
only a relatively few items (in contrast to a "supermarket"). It may
also include the sale of gasoline and/or a car wash but shall not
include the repair or service of vehicles.
The County of Ulster, State of New York, and its planning
agency.
Any establishment enrolling four or more children or adults
in a supervised day-use program where tuition, fees, or other forms
of compensation for the care of these individuals is charged.
The New York State Department of Environmental Conservation.
The number of families, individual dwelling units or principal
structures per unit of land.
A facility where equipment, vehicles and other assembled
materials are taken apart for purposes of recovery of valuables or
disposal of wastes.
A warehouse or other specialized building, often with refrigeration
or air conditioning, which is stocked with products (goods) to be
redistributed to retailers, wholesalers or directly to consumers.
A private vehicular access from a public or private road
to a single lot.
A private vehicular access from a public or private road
which serves a maximum of two lots (three including the lot it has
access over) and is granted by right-of-way.
A golf practice facility consisting of a large, open field
with teeing ground at one end, practice putting greens and/or areas
for chipping, pitching and bunker practice plus ancillary services.
A building arranged, intended, designed, or used as the living
quarters, including kitchen facilities, for one or more families living
independently of each other upon the premises. The term "dwelling"
shall not be deemed to include a hotel, motel, bungalow, rooming house
or tourist home, but shall include bed-and-breakfasts.
DWELLING, SINGLE-FAMILYA building arranged, designed and intended, for and occupied exclusively by one family.
DWELLING, TWO-FAMILYA building arranged, designed and intended for and occupied by two families living independently.
DWELLING, MULTIFAMILYA building arranged, designed and intended for and occupied by three or more families living independently and having no cooking or sanitary facilities in common with any other dwelling unit; including flats, apartments and townhouses.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
The Environmental Assessment Form required pursuant to SEQRA.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasipublic or private purpose, and
within which the lessee or owner of the property shall not erect any
permanent structure, but shall have the right to make any other use
of the land which is not inconsistent with the rights of the grantee.
A specialized facility with or without lodging accommodations
designed and built almost exclusively to host educational conferences,
exhibitions, large meetings, seminars or training sessions, including
complementary office and leisure facilities for use of participants,
not including camps.
An organization that responds to and deals with immediate
public health and safety needs; especially ambulance, emergency medical
technicians, firefighters, and police officers.
Construction designs intended for the purposes of increasing
the efficiency with which buildings and their sites use and harvest
energy, water, and materials; and reducing building impacts on human
health and the environment, through better siting, design, construction,
operation, maintenance and removal during the complete building life
cycle.
A written draft or final document prepared in accordance
with § 617.9 and § 617.10 of SEQRA. An EIS provides
a means for agencies, project sponsors and the public to systematically
consider significant adverse environmental impacts, alternatives and
mitigation. A draft EIS is the initial statement prepared by either
the project sponsor or the lead agency and circulated for review and
comment. An EIS may also be a "generic" in nature to accommodate an
anticipated range of future activities.
That amount of wastewater that is generated by a single-family
residence, using New York State Department of Environmental Conservation
guidelines or, if not addressed by the state, another comparable authority.
The construction and maintenance of underground, surface
or overhead electrical, gas, telephone, water and sewage collection
systems along with normal accessory activities.
A land use already legally established at the time of this
chapter's enactment.
Persons living together as a single, permanent and stable
nonprofit housekeeping unit, using all rooms in the dwelling and housekeeping
facilities in common and having such meals as they may eat at home
generally prepared and eaten together with sharing of food, rent,
utilities or other household expenses. Households of related individuals
shall be presumed to be a family. Persons living together who are
determined not to be families may present affirmative evidence to
the Building Inspector the household or group meets the other criteria
contained herein.
As pertains to agricultural use within a certified county
agricultural district as defined under Article 25-AA of the New York
State Agriculture and Markets law. The land and on-farm buildings,
equipment, manure processing and handling facilities, and practices
which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including
a commercial horse boarding operation, a timber operation, compost,
mulch or other biomass crops, and commercial equine operation. Such
farm operation may consist of one or more parcels of owned or rented
land, which parcels may be contiguous or noncontiguous to each other.
A building or structure for an agricultural producer to sell
products directly to customers that is intended for the display and
sale of primarily locally raised agricultural produce and products,
and provided that such structure is for the benefit of an accessory
use.
An establishment whose principal business is the sale of
preprepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant
building or off premises and which may include facilities that enable
customers to obtain food while remaining in their vehicles.
The Federal Emergency Management Agency; the federal agency
which administers the National Flood Insurance Program.
An accessory structure enclosure composed of any substance
that will present an adequate blockade around a field, yard, or other
such expanse of land.
An accessory structure enclosure that has the ability to
allow visibility through the enclosure to the opposite side and is
constructed for the specific intention of keeping farm animals within
or wildlife out of a field, yard or other such expanse of land. This
shall not include chain-link fences.
The approval of a site plan or subdivision plan in a form
that reflects the as-built or financially guaranteed ready-to-build
condition of the improvements. The approval qualifies the plan to
be signed by a duly authorized officer of the Planning Board and recorded
and qualifies the applicant to proceed with sales.
A parcel of land shaped like a flag; a narrow strip of land
providing vehicular and pedestrian access to a street, with the bulk
of the property lying to the rear of another lot and the access serving
both lots.
A commercial enterprise in a building or open area in which
stalls or sale areas are set aside, rented, or otherwise provided,
and intended for use by various unrelated individuals to sell articles
that are either new, old, homemade, homegrown, handcrafted, obsolete,
or antique and may include the selling of goods at retail by businesses
or individuals who are generally engaged in retail trade. This definition
does not include informal or private garage or yard sales.
Any area designated by the Federal Emergency Management Agency
(FEMA) in its FEMA mapping.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the centerline of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
A measurement of the amount of light falling upon an object
at any given moment (illumination), called such as it refers to the
amount of light falling on a square foot area located one foot away
from a candle.
See "yard, front."
The portion of a lot abutting on a street ordinarily regarded
as the front yard, but it shall not be considered as the ordinary
side yard of a corner lot.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space for more than one car leased to a nonresident
off the premises.
An area of land, including structures thereon or any building
or part thereof, that is used primarily for the sale and direct delivery
to the motor vehicles of gasoline or any other motor vehicle fuel
or oil and other lubricating substances, including any sale of motor
vehicle accessories and which may or may not include facilities for
lubricating, washing or otherwise servicing motor vehicles, but not
including auto bodywork, welding or painting.
A relatively small retail store, typically less than 5,000
square feet of floor area, that sells miscellaneous articles appropriate
as gifts including antiques, collectibles, crafts, novelties and souvenirs,
but not including adult stores.
A large landscaped area for playing the sport of golf, including
associated facilities such as a clubhouse or restaurant.
An enclosed structure of a permanent or temporary nature
within which is conducted a commercial agricultural operation, generally
the propagation of one or more horticultural species from seeds or
cuttings to a stage fit for transplanting elsewhere or sale, including
retail as well as wholesale operations.
Dwelling intended for occupation by residents participating
in a particular social program.
Establishments primarily engaged in providing services for
human health maintenance including hospital facilities, nursing and
adult homes, personal care facilities and medical and dental clinics
and offices whether publicly or privately operated. See also "low-impact
health care practice."
A landing area for helicopters.
Any use customarily conducted entirely within a principal structure and/or other structure accessory thereto and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the principal use and does not change the character thereof. See § 140-19 for further descriptions of home occupations by class.
A legally established community association or trust organized
in a development in which individual owners share common interests
in open space or facilities.
A building or group of buildings containing rooms used primarily
for overnight accommodations of those in transit, or for a short-term
business or personal stay and where meals and other services, including
recreation facilities, are provided or offered for sale within the
building or in an accessory building. Single-room occupancy residential
projects shall be considered multifamily dwellings.
Meeting and noncommercial overnight lodging facilities associated
with hunting and fishing recreational activities.
A manufacturing or wholesale distribution activity, including
associated research, development and office functions.
Facilities that are necessary to support development within
a community, including water and sewer, transportation, communications
and power facilities.
A commercial building, similar in size to a residential dwelling,
operating as a small hotel that provides lodging to travelers and
may provide food and drink to registered guests.
A complex of structures and uses providing a combination
of educational, residential and social service support activities
for designated groups of individuals with special needs, including
rehabilitation centers and special schools.
A nonnative species whose introduction does or is likely
to cause economic or environmental harm or harm to human health as
defined in Federal Executive Order 13112 signed in 1999, as amended
or superseded by Federal Executive Order or by designation of the
Town Board.
A commercial or nonprofit establishment in which dogs or
similar domesticated animals are housed on a temporary or permanent
basis.
A building in which literary and artistic materials, such
as books, periodicals, newspapers, pamphlets, prints, records, tapes,
and other electronic media, are kept for reading, reference, and lending.
A tract or parcel of land held in single or joint ownership,
not necessarily shown on a duly recorded map, which is occupied or
capable of being occupied by buildings, structures and accessory buildings,
including such open spaces as are arranged, designed, or required.
The term "lot" shall also mean parcel, plot, site, or any similar
term.
CONFORMINGA lot having not less than minimum area and dimensions required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of state law to be adequate as a condition of the issuance of a building permit for a building on such land.
NONCONFORMINGA parcel of land legally established prior to the adoption of L.L. No. 4-2009, owned individually and separately, and separated in ownership from any adjoining tracts of land, which has a total area and/or dimensions less than prescribed by this chapter for a lot in the district in which such land is situated.
The area of land contained within the limits of the property
lines bounding that lot. Any portion of a lot included in a street
right-of-way shall not be included in calculating lot area.
That portion of a lot covered by roads, walkways, pavement,
structures or other improved surfaces that are generally impervious
in nature.
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The average distance from the street line of a lot to the
rear lot line of such lot, not to include the street or road right-of-way.
The width of a lot at the edge of the street right-of-way.
The edge of the street right-of-way in the case of the front
of any lot; the property boundary generally opposite the street on
which a parcel fronts in the case of the rear of any lot; and the
property boundaries in the case of the sides of any lots.
The average of the distance between side lot lines as measured
at the street right-of-way line and the rear lot line.
An establishment of less than 2,500 square feet floor area
and containing four or fewer patient examination or treatment rooms
which is primarily engaged in providing licensed diagnosis and treatment
services for human health and which may also incidentally offer for
sale products associated with such diagnosis and treatment. This shall
include doctor, dentist, optometrist, chiropractor, physical therapy,
acupuncture, massage therapy, psychiatrist, psychologist, and other
similar health care practices. This shall not include health care
facilities where the use is primarily retail sales, such as an eye
care center or pharmacy.
A retail or service enterprise of less than 2,500 square
feet floor area that involves no outside storage of materials or supplies
except for minor incidentals, employs a maximum of three vehicles
used in everyday service on behalf of the business and generates no
more than 50 vehicle trip ends per day, based on estimates provided
by the Institute of Transportation Engineers.
The unit of measure for the light energy which flows in air.
The total light output from electric sources is expressed in lumens.
A uniform source of one footcandle of lighting power placed in a sphere
emits 12.57 lumens.
A factory-manufactured structure, transportable in one or
more sections, which is built on a permanent chassis and designed
to be used as a dwelling unit when affixed to a permanent foundation
or placed on a concrete slab and connected to the required utilities.
"Manufactured home" does not include a modular home or self-propelled
recreational vehicle.
A parcel of land under single ownership which has been planned
and approved for the commercial renting of two or more manufactured
home sites.
Industrial processes where products are created from raw
materials or where several different products are combined to create
large equipment, modular housing and similar items.
An industrial use where all processing, fabricating, assembly,
or disassembly of items takes places wholly within an enclosed building.
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. Excluded
are processes where raw natural materials such as stone are converted
into finished products, except for small crafts such as jewelry.
The largest number of dwelling units, or the equivalent in
the case of nonresidential uses, legally permitted on an adjusted
tract area of land.
The excavation of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine
location; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. Mining shall
not include the excavation, removal and disposition of minerals from
construction projects, exclusive of the creation of water bodies,
or excavations in aid of agricultural activities.
Any combination of residential dwellings and permitted nonresidential
uses, typically residential and commercial/office, on the same lot
or in the same building for use of owners, caretakers, security personnel
or rented as apartments.
Factory-manufactured housing, subject to the requirements
and regulations of the New York State Uniform Fire Prevention and
Building Code, in which prefabricated components assembled at the
plant are sent to a housing site in two or more pieces, depending
on the size and style of said housing, to be joined together to form
a complete house on a permanent foundation.
Any ground, area or track upon which races, contests, or
demonstrations of skill or stunts involving motor vehicles are conducted,
except for one-day tractor and truck pulls.
Two or more permitted land uses, exclusive of accessory uses,
legally allowed within a given zoning district under this chapter,
including principal permitted uses and special uses.
A place for display and exhibition of cultural items and
the performance of cultural activities.
Any gaseous substance, either combustible or noncombustible,
which is produced in a natural state from the earth and which maintains
a gaseous or rarified state at standard temperature and pressure conditions,
and/or gaseous components or vapors occurring in or derived from petroleum
or other hydrocarbons.
Geologic or geophysical activities related to the search
for natural gas, petroleum or other subsurface hydrocarbons including
prospecting, geophysical and geologic seismic surveying and sampling
techniques, which include but are not limited to core or rotary drilling
or making an excavation in the search and evaluation of natural gas,
petroleum, or other subsurface hydrocarbon deposits.
Any solid, semisolid, liquid, semiliquid or gaseous material
used in the exploration or extraction of natural gas.
The digging or drilling of a well for the purposes of exploring
for, developing or producing natural gas petroleum or other subsurface
hydrocarbons.
The construction, use, or maintenance of a storage or staging
yard, a water or fluid injection station, a water or fluid gathering
station, a natural gas or petroleum storage facility, or a natural
gas or petroleum gathering line, venting station, or compressor associated
with the exploration or extraction of natural gas or petroleum.
Any garbage, refuse, cutting, sludge, flow-back fluids, produced
waters or other discarded materials, including solid, liquid, semi-solid,
or contained gaseous material that results from or is associated with
the exploration, drilling or extraction of natural gas and/or petroleum.
A building that was constructed prior to the adoption of
the zoning law or zoning amendment that is not in accordance with
the dimensional provisions, such as building height or setback requirements,
of that law or amendment.
A use that was legal at the time it was created, but which
has since become impermissible because of a subsequent modification
or adoption of a zoning law. This is sometimes referred to as a "grandfathered"
use, meaning that it was a use which was allowed before the law changed
to prohibit it.
A meeting place and recreation center for a fraternal organization,
which may include lodging and dining facilities, excluding adult uses
and commercial restaurants and taverns.
A place where trees, shrubs, vines and/or flower and vegetable
plants are propagated or grown for a period of at least six months
and/or where flowers and vegetables of an annual variety are germinated
before being offered for sale and transplanting.
The purpose for which a building, or portion thereof, is
utilized.
Buildings used primarily for conducting the administrative
or professional functions of a business, profession, service, industry
or government, or like activity, including law offices, insurance
services, real estate offices, financial institutions, corporate offices
and similar enterprises, excluding uses which are defined elsewhere
in this chapter.
Any sewage system designed to (1) treat sewage by subsurface
means or (2) provide water from a drilled well or spring within the
boundaries of an individual lot. See "central sewage or water supply"
for further information.
A portion of a lot, exclusive of required front and side
yard areas, that is not covered by buildings, parking areas, streets
or other nonrecreational improvements (except as may be permitted
by this chapter).
A mapped zone that imposes a set of requirements in addition
to those of the underlying zoning district in an area where an overlay
zone is established, property is in two zones and the land may be
developed only under the conditions and requirements of both zones.
An area of land resulting from the division of a tract of
land for the purposes of transfer of ownership, use or improvement.
An open area or structure, other than a street or other public
way, used for the parking of automobiles and similar vehicles made
available for a fee.
An open area or structure, other than a street or other public
way, used for the parking of automobiles and similar vehicles.
An open area or structure, other than a street or other public
way, used for the parking of automobiles and similar vehicles on a
lot in connection with a separate principal use to which the parking
is accessory.
A surety bond, certified check or other security meeting
the requirements of § 277 of the Town Law, and the terms
of which are satisfactory to the Town Attorney, guaranteeing the developer
will install all required or planned improvements.
A land use legally allowed within a given zoning district
under this chapter, including a principal permitted use, special use
or accessory use.
Any individual, firm, trust, partnership, public or private
association or corporation, or other entity.
A building where persons congregate to pray and conduct religious
services, including religious education facilities, offices and other
accessory uses connected with such religious activities.
A drawing, map, chart, plan or plotting, sometimes also referred
to as a plat, indicating the proposed development (including subdivision)
of land, which in its various stages of preparation can include the
following:
SKETCH PLANA general plan, identified as such with the title "sketch plan" on the map, indicating existing site features of a tract and its surroundings and the general layout of the proposed development, to be used as a basis for conceptual consideration by the Town, Planning Board site inspection and determining allowable density.
PRELIMINARY PLANA complete plan usually prepared by a registered professional engineer or licensed land surveyor, identified as such with the wording "Preliminary Plan" in the title, accurately showing proposed streets and lot layout and such other information as required by this chapter.
FINAL PLANA complete and exact plan, identified as such with the wording "Final Plan" in the title, with a professional engineer's or registered surveyor's seal affixed, and prepared for official recording with modifications as required during the review and approval of the Preliminary Plan.
A comprehensive development plan for a large land area, where,
to encourage innovation and the preservation of large blocks of usable
open space, detailed development regulations are largely negotiated
and on a project basis.
The Town of Rochester Planning Board.
A discussion at a public meeting which may be requested by
an applicant between the applicant and the Planning Board or Zoning
Board of Appeals prior to filing an official application with either
Board to discuss a zoning permit referral from the Code Enforcement
Officer.
The building where the primary activities associated with
the approved major land use on a parcel is intended to take place.
The approved or otherwise legally established primary land
use connected with a parcel.
A facility for the landing, takeoff, storage, fueling or
repair of aircraft limited to personal, noncommercial use by the owner.
A school for children or adults where instruction is provided
by certified teachers or other professionals on an ongoing basis,
excepting camping or other facilities where the primary function is
other than education.
A mapped street built to Town standards which provides access
to more than two lots and is owned by an individual(s), association,
or other private entity who share the use and maintain the road without
help from a government agency.
A Town, county, state or school district-owned building or
structure used for the conduct of the business of government, public
education or emergency services such as fire houses or rescue squads.
A recreational facility managed by a government or nonprofit
entity and open to the general public with no more than a nominal
fee for services provided.
A community or noncommunity water system which provides piped
water to the public for human consumption, if such system has at least
five service connections or regularly serves an average of at least
25 individuals at least 60 days out of the year. Such term includes:
A lot(s) that is approved to permit a higher density than
would otherwise be permitted as a condition of the restriction of
development on the sending property through a conservation easement.
A facility for conducting sound, film, or video recordings,
editing, or broadcasting such as a radio or television station studio,
but excluding adult uses.
A vehicular 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 trailer, camping trailer, truck camper and motor home.
A land use, the primary purpose of which is to provide permanent
dwellings for the use of individuals and households.
A parcel of land or commercial establishment providing lodging,
recreation, meals, and entertainment primarily to vacationers but
which may also offer the same services to nonregistered guests. A
primary place of residence, medical or other rehabilitative facility
or a single-room occupancy residential project shall not be considered
a resort.
See § 140-33D.
A business enterprise engaged in preparing and serving food
and beverages selected from a full menu by patrons seated at a table
or counter, served by a waiter or waitress and consumed on the premises,
with takeout food (if any) as an accessory use, but excluding fast
food establishments.
Stores and shops where goods and services are sold primarily
at retail. Such sales are primarily made directly to the consumer
and include, but are not limited to, goods such as food and beverages;
florists; shoes and clothing; hardware, paint and wallpaper; carpeting;
hobby and crafts; books; furniture; antiques; art supplies; music;
pharmacies; jewelry; photographic supplies; pets; gifts; stationery;
sporting goods; fabrics; optical goods; launderette/laundromat, and
appliances; hair and nail salons, barber shops; but excluding any
use specifically defined elsewhere in this chapter.
The use of any building, land area or other premises for
the display or sale of new and used automobiles or similar motorized
vehicle equipment of operable condition. This use may or may not also
include a repair and service component.
Land reserved for use as a street, drainage facility, utility
area or other public or community use or land reserved for the access
to such use.
A legally recorded agreement, approved by the Town Board
on recommendation by the attorney for the Town if needed, between
all property owners that abut a private road or shared driveway to
maintain road, drainage facility, or other lot improvements.
The right-of-way perimeter line or plan lines of any road
or street which shall establish the starting measuring point of any
yard setbacks of a lot. In the case such right-of-way line cannot
be established, the assumed edge of the right-of-way shall be measured
from the centerline of roadway and established at a distance of 25
feet from such centerline.
A temporary lumber sawing operation using portable sawmill
equipment that is not permanently enclosed.
Lodging accommodations such as cabins offered for rent to
the general public on a seasonal basis in connection with other recreation
opportunities on large areas of open space, including hunting and
fishing, boating and farm visits.
The clerk or secretary designated to accept applications,
plans, fees and correspondence on behalf of the Town of Rochester
Planning Board or Zoning Board of Appeals.
A building containing independent, fully enclosed bays that
are leased to individuals exclusively for long-term storage of household
goods or personal property.
A lot(s) or portion of a lot that is restricted by a conservation
easement or farmland preservation easement as a condition of approval
of a higher density on the receiving property than would otherwise
be permitted.
The New York State Environmental Quality Review Act and its
requirements.
A business, the primary activity of which is the provision
of assistance, as opposed to products, to individuals, business, industry,
government, and other enterprises, not including any adult use as
defined herein.
The use of any building, land area or other premises for
the painting, repair or service of new and used automobiles or similar
motorized vehicle equipment of operable condition, including car washes
and the like, but excluding junkyards and gasoline filling stations.
An open unoccupied space extending the full depth or width
of a lot that may not be occupied except for specified accessory uses
as provided hereunder. See "yard."
Any device, facade, fixture, material, placard or structure
that uses any color, form, graphic, picture, illumination, symbol
or writing to advertise, announce, declare or identify a purpose or
entity or to communicate information of any kind to the public outside
of a building, including neon or fluorescent painted building outlines
and similar devices.
BUSINESS, COMMERCIAL, OR INSTITUTIONAL IDENTIFICATION SIGNA sign advertising a business or institution or identifying the business or profession of the owner or occupant of the property on which it is placed.
COMMERCIAL DIRECTORYA combination, on a single structure not exceeding eight feet in height, of a sign identifying a business complex with other smaller uniform signs listing businesses on a property. Such signs shall replace freestanding signs which the advertisers would otherwise have rights to place on the property and use no more than 20 square feet in surface area on each side to identify a complex or more than 10 square feet on each side to identify a specific business or service.
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CONTRACTOR SIGNA sign of a builder or contractor that is erected and maintained while such persons are working on a property and is immediately removed when the work is complete.
FREESTANDING SIGNA pole sign or ground sign.
GROUND SIGNA sign rising from a ground foundation and not over eight feet in height. The entire bottom of such sign is in contact with or in close proximity to the ground.
INCIDENTAL COMMERCIAL SIGNAn advertising sign on which is located a simple message directed only to persons on the lot, such as a gas pump sign, credit card sign or pricing sign placed in a window or on a door.
OFF-PREMISES ADVERTISING SIGNA sign advertising a business or service located off the premises on which the sign is located.
POLE SIGNA sign supported by a pole(s) as a structure independent of any building. Pole signs are also separated from the ground by air.
PORTABLE SIGNA sign not permanently attached to the ground or a structure and designed to be transported, including signs on wheels, A or T frames or any other movable device or vehicle.
REAL ESTATE SIGNA sign which advertises the availability of land, buildings or spaces within buildings as being for sale or rent.
TEMPORARY SIGNA nondurable sign not intended for permanent placement, including advertising pennants.
TRAFFIC DIRECTION SIGNAn informational sign on which is located a simple traffic directive directed only to persons on the lot, such as a "no parking," "loading in rear," "one-way" or "office this way" sign.
WALL SIGNA sign painted on or attached flush with a structural wall of a building, including window signs occupying more than 50% of the window or door surface and projecting signs not extending out from the structural wall surface more than 18 inches.
The height of any sign shall always refer to the height of
the topmost portion of the sign from grade level, unless the foundation
for such sign shall be positioned below the adjoining road grade,
in which case the height shall be measured from the road grade.
The size of any sign, computed by multiplying its greatest
length by its greatest height. Sign supports or foundations not bearing
advertising material shall not be included. The surface area of signs
with no definable edges (e.g., raised letters attached to a facade),
shall be that area within the perimeter of a single line enclosing
the advertising material. The reverse side of any sign may, however,
be used without counting toward total sign area.
A detailed plan that depicts the location of improvements on a parcel of land and contains all the information required by this chapter (see § 140-45 hereof).
The process, established by § 274-a of the Town
Law of the State of New York, for review of special uses, and other
uses as may be designated by the Town Board, by the Planning Board.
A commercial establishment providing day-use facilities devoted
especially to health, fitness, weight loss, beauty, and relaxation
which may, as an accessory use, offer associated products and/or food
and drink for retail sale.
A use which, because of its unique characteristics, requires
individual consideration through a site plan review process by the
Planning Board as established by §§ 274-a and 274-b
of the Town Law of the State of New York. Such a use may require the
meeting of certain conditions and safeguards before being permitted.
A building in which any horses are kept for remuneration,
hire or sale.
An accessory structure in which horses are kept for private
use and not for hire, remuneration or sale.
Improvements made to implement a SWPPP.
That portion of precipitation that runs off the property
and does not soak into the ground.
A legally recorded document acting as a deed restriction
which provides for the long-term maintenance of stormwater management
practices through a preventive/corrective maintenance program for
all critical facilities and systems of treatment and control (or related
appurtenances). This may or may not be a part of a SWPPP.
That portion of a building, excluding a basement or cellar
not used as living area, between the floor surface and the ceiling
above it, having a height of not less than seven feet. Any portion
of a building having a height of less than seven feet at five feet
off center shall be considered a half-story.
A mapped public highway or road intended primarily for the
purposes of vehicular traffic, including the following:
STREET, MINORA road, the primary purpose of which is to collect vehicular traffic from individual dwellings or places of business.
STREET, COLLECTORA road, the primary purpose of which is to collect vehicular traffic from minor streets and deliver it to major traffic streets.
STREET, MAJORA road, the primary purpose of which is to collect vehicular traffic from collector streets and deliver it to destination points or arterial highways such as Route 209.
Any combination of materials that is erected on the ground
and permanently affixed thereto, and designed, intended or arranged
for the housing, shelter, enclosure or structural support of persons,
animals, or property of any kind.
A small, single-level living quarters intended for use by
an individual, designed around a relatively large single room incorporating
the features of a living room, dining room, bedroom and kitchen.
The 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 or building development, excepting lot improvements and natural subdivisions as defined in § 125-18 of the Town Subdivision Law.
MINOR SUBDIVISIONA subdivision that does not involve improvements such as roads, recreational amenities or other common facilities and utilities.
MAJOR SUBDIVISIONA subdivision where such improvements are to be provided, subject to the standards provided herein for construction or the financial guarantee thereof.
A stormwater pollution prevention plan as defined by the
State of New York.
A commercial eating and drinking place with a license to
dispense alcoholic beverages.
Transfer of density rights (also known as transfer of development rights) as provided by § 140-34 hereof.
A structure without any foundation or footings which is intended
to be removed, when the designated time period, activity, or use for
which the structure was erected has ceased.
A lot extending from one street to another.
An enclosure of less than 300 square feet in size used for
the storage of home and garden tools and similar equipment.
The Town of Rochester, Ulster County, New York.
The elected governing body of the Town of Rochester.
The adopted Comprehensive Plan of the Town of Rochester.
The professionals employed by the Town of Rochester to provide
engineering and planning services in connection with the review of
applications and inspection of improvements, as the case may be.
The New York State Town Law that governs the operation of
all towns within the state.
Standards adopted by the Town Board of the Town of Rochester
regarding the construction and/or dedication of roads in the Town
of Rochester.
A group of three or more attached single-family dwelling
units in which each unit extends from foundation to roof and with
open space on at least two sides.
The total of the trips entering and leaving a specific land
use or site over a designated period of time.
Businesses primarily engaged in the hauling of goods, together
with ancillary service, parking and repair facilities for trucks used
in the hauling enterprise, excluding commercial truck stops.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
Goods made from harvested crops that have been processed
in order to increase their worth such as jelly made from berries or
cheese made from milk.
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 the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
See "resource recovery, vehicle junkyard or wrecking facility."
The place of business of a veterinarian, including ancillary
facilities for boarding of animals under care.
A facility used for the storage of goods and materials, excepting
distribution and self-storage facilities as defined herein.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations including intermittent streams but excepting drainage ditches,
swales or diversion terraces.
Swamps, marshes and hydric soil areas defined as wetlands
by the New York State Department of Environmental Conservation, the
Army Corps of Engineers or the U.S. Fish and Wildlife Service, not
including any required buffers.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional,
or professional business users, or to other wholesalers; or acting
as agents or brokers and buying merchandise for, or selling merchandise
to, such individuals or companies.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics, which has
a rated capacity of not more than 100 kW and which is intended primarily
to reduce consumption of utility power at that location.
See § 140-29 for definitions.
See "resource recovery, vehicle junkyard or wrecking facility."
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences,
walls, poles, posts, and other customary yard accessories, ornaments,
and furniture may be permitted in any yard subject to height limitation
and requirements limiting obstruction of visibility. Also known as
the setback.
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A yard extending between side lot lines across the front
of a lot adjoining a street. Front yards shall be provided on all
road frontages, except that one frontage on a corner lot may be designated
as a side yard.
A yard extending across the rear of the lot, between inner
side yard lines. In the case of through lots, there will be no rear
yard, but only front and side yards.
A yard extending from the rear line of the required front
yard to the rear lot line, or in the absence of any clearly defined
rear lot line to the point on the lot farthest from the intersection
of the lot line involved with the public street. In the case of through
lots, side yards shall extend from the rear lines of required front
yards. In the case of corner lots, one of the yards remaining after
the designation of front yards shall be considered the side yard,
and the other the rear yard.
A relatively detailed sketch plan used to determine the number
of lots or dwelling units that would be permitted on a parcel if developed
as a conventional single-family dwelling subdivision.
The Town of Rochester appeals board for adjudication of zoning
matters as provided by New York State Town Law. Also known as the
ZBA.
A division of land within a community into zones or district
that have specific land-use restrictions and controls regulating the
existing and future development within those areas.
The required official determination by the Code Enforcement
Officer as to how the laws of the Town of Rochester or New York State
apply to a specific land activity, project, use, or structure application.
