[Amended ; 10-13-1977 by L.L. No.
7-1977; 3-10-1993 by L.L. No. 3-1993; 2-24-2010 by L.L. No. 1-2010; 12-18-2019 by L.L. No. 2-2020]
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
A.Â
Word usage.
(1)Â
All words used in the present tense include the future tense.
(2)Â
All words in the plural number include the singular number, and all
words in the singular number include the plural number, except as
to the number of permitted structures, unless the natural construction
of the wording indicates otherwise.
(3)Â
The word "person" includes an association, partnership or corporation.
(4)Â
Unless otherwise specified, all distances shall be measured horizontally.
(5)Â
The word "building" includes the word "structure."
(6)Â
"Lot" includes the word "plot," "parcel" or "tract."
(7)Â
The word "premises" includes a lot and all buildings or structures
thereon.
(8)Â
"To erect," "to construct" and "to build" a building or structure
each have the same meaning and also include "to excavate" for a building
and "to relocate" a building by moving it from one location to another.
(9)Â
"Used" shall be deemed also to include "designed, intended or arranged
to be used or occupied."
(10)Â
"Shall" is mandatory and not discretionary.
B.Â
BOARD OF APPEALS
COMMUNITY BENEFITS OR AMENITIES
DEPARTMENT OF HEALTH
DIRECTOR
PLANNING BOARD
PLANNING DEPARTMENT
TOWN
TOWN BOARD
TOWN LAW
Administrative terms defined.
The Board of Appeals of the Town of Perinton.
Open space which has physical, social or cultural benefit
to the residents of the community.
The Department of Health in the County of Monroe and any
other health board or department established pursuant to the laws
of the State of New York and having authority for the regulation of
matters pertaining to the public health of the Town.
The Director of Building and Codes of the Town of Perinton.
The Planning Board of the Town of Perinton.
The Monroe County Planning Department.
The Town of Perinton in Monroe County, New York State.
The Town Board of the Town of Perinton.
The Town Law of the State of New York.
[Amended 10-13-1977 by L.L. No. 7-1977; 10-28-1981 by L.L.
No. 5-1981; 12-10-1982 by L.L. No. 6-1982; 2-8-1984 by L.L. No. 1-1984; 8-22-1984 by L.L. No. 2-1984; 3-28-1990 by L.L. No. 2-1990; 2-12-1992 by L.L. No. 1-1992; 1-13-1993 by L.L. No. 1-1993; 3-10-1993 by L.L. No. 3-1993; 3-24-1993 by L.L. No. 4-1993; 10-27-1993 by L.L. No. 11-1993; 9-25-1996 by L.L. No. 5-1996; 1-22-1997 by L.L. No. 1-1997; 12-10-1997 by L.L. No. 6-1997; 4-14-1999 by L.L. No. 1-1999; 5-9-2001 by L.L. No. 4-2001; 1-23-2002 by L.L. No. 1-2002; 5-8-2002 by L.L. No. 4-2002; 3-12-2008 by L.L. No. 3-2008; 6-24-2009 by L.L. No. 1-2009; 6-9-2010 by L.L. No. 4-2010; 8-11-2010 by L.L. No.
6-2010; ; 3-9-2011 by L.L. No. 2-2011; 8-10-2011 by L.L. No.
3-2011; 9-12-2012 by L.L. No. 3-2012; 2-13-2013 by L.L. No.
1-2013; 2-24-2016 by L.L. No. 2-2016; 2-24-2016 by L.L. No. 6-2016; 7-11-2018 by L.L. No. 6-2018; 4-24-2019 by L.L. No. 2-2019; 4-24-2019 by L.L. No. 3-2019; 4-24-2019 by L.L. No. 4-2019; 12-18-2019 by L.L. No. 2-2020]
As used in this chapter, the following terms shall have the
meanings indicated:
The term applied to a building or use which is customarily
incidental and subordinate to the principal building or use.
An ancillary building with a customarily incidental use to a main building and located on the same lot as the main building. An accessory building is typically used for storage. (See § 208-14G.)
[Amended 3-8-2023 by L.L.
No. 1-2023]
An accessory facility or structure serving or being used
in conjunction with a communications tower and located on the same
lot as the communications tower. Examples of such structures include
utility or transmission equipment storage sheds or cabinets.
The activity of an active farm, including grazing and watering
livestock, irrigating crops, harvesting crops, using land or agricultural
structures for growing agricultural products, and cutting timber for
sale.
Those products as defined in § 301, Subdivision
2, of Article 25-AA of the New York State Agriculture and Markets
Law.
Any barn, stable, shed, silo, garage, fruit and vegetable
stand or other building or structure directly and customarily associated
with agricultural activity on an active farm on five acres of land
or more.
A man-made tower whose primary function is to support an
antenna used in an amateur radio installation. Such a structure may
also be an integral part of the radiating function of an antenna.
Said structure shall include any guy wires and anchors.
The equipment used by a person who holds a valid amateur radio license issued by the Federal Communications Commission. This equipment includes but is not limited to transmitters, receivers, antennas, antenna support structures, guy wires and anchors, interconnecting wire and cables. Such installation is a normal accessory use of residential property if conducted in accordance with § 208-13E of this Code.
A system of electrical conductors that transmits or receives
radio frequency signals. Such signals shall include but not be limited
to radio, television, cellular, paging, personal communication services
(PCS) and microwave communications.
Two or more apartment buildings located on a parcel or parcels
of land in one ownership at the time of application for site plan
approval and having any yard, court, street or other improvements
in common.
A building arranged, intended or designed to be occupied
by four or more families living independently of each other, but having
common hallways and entrances. These are distinguished from condominiums
in that there are no common elements, and from townhouses in that
no land is owned by the individual resident.
The cumulative floor area of all levels of habitable space
within surrounding exterior walls (or exterior walls and fire walls)
as measured from the outside dimension of the wall. Garages, attics,
unfinished basements, open porches, terraces and steps are not included
in the calculations of building area when associated with one- or
two-family dwellings.
The area within the property lines excluding any portion
thereof within the boundaries of a street or highway.
A typical owner-occupied residential dwelling that operates
as a regular business enterprise for transient rental and transient
guests where overnight lodging is provided for compensation. Permission
to conduct such use must be secured by special permit from the Board
of Appeals after a public hearing, and a building permit from the
Building and Codes Department.
Strips of ground at least 50 feet in width covered with grass,
vegetation, trees, fencing, embankments or berms designed to separate
or screen one zoning district or use from another zoning district
or use or from a highway.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
Any structure, other than an amateur radio support structure,
which has a primary purpose of housing or supporting any portion of
a communication system. Especially excluded from this definition are
those structures which have a primary purpose of supporting:
An antenna designed to receive or transmit radio or television
signals, provided that the maximum height of such a structure is not
greater than 10 feet above the ground or the building on which it
is mounted and the antenna assembly is no longer than 16 feet.
A reflector antenna designed to receive radio or television signals and which has a physical cross section measured perpendicular to the axis of maximum gain of less than 12 feet. (See the definition of "satellite dish antenna" below and § 208-13G.)
A structure designed to support antennas. It includes, without
limit, freestanding towers, guyed towers, monopoles and similar structures
which employ camouflage technology.
A structure where all activity associated with the use occurs
inside. Drive-through facilities, whether a stand-alone kiosk or associated
with a traditional retail or service structure, shall not be considered
completely enclosed buildings.
Units and buildings as defined by Article 9-B of the Real
Property Law of the State of New York, entitled "Condominium Act,"
as the same may be amended from time to time. All definitions in said
Condominium Act are incorporated herein by reference. They are a form
of ownership of units which may be built in Residential, Apartment
or Townhouse Districts or nonresidential units which may be built
in Restricted Business, Industrial and Commercial Districts.
An accessory use of a personal, professional or service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use. This shall be understood to include a home office or the professional office or studio of a physician, dentist, teacher, artist, architect, engineer, accountant, musician, chiropractor, podiatrist, lawyer, manufacturer's representative, real estate salesperson or broker, travel agent, insurance agent, business consultant, cosmetologist, baker and other services of a personal or professional nature. See § 208-28.1.
[Amended 3-8-2023 by L.L.
No. 1-2023]
An uncovered, attached or freestanding, structure built on
supports, which is more than eight inches above grade.
[Added 1-22-2020 by L.L.
No. 1-2020]
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. This shall not
include the selling of fuel at a gasoline filling station or the accessory
functions of a carwash facility such as vacuum cleaning stations.
A drive-through facility shall not be considered a completely enclosed
building. Automated teller machines and drive-in bank tellers shall
be considered drive-through facilities.
An asphalt, concrete, crushed stone or other hard surface
that is constructed for providing property access or used for parking
of vehicles.
[Added 1-22-2020 by L.L.
No. 1-2020]
A building designed or used as living quarters for one or
more families.
DWELLING, DETACHEDA building having two side yards.
DWELLING, SINGLE-FAMILYA detached dwelling containing one family only.
DWELLING, TWO-FAMILYA detached dwelling containing two families only, commonly referred to as a "duplex."
DWELLING, SEMIDETACHED Two single-family dwelling units attached
side to side, each situated on a separate subdivision lot capable
of individual sale and each sharing only one common wall with the
other and having yards on the remaining three sides.
One or more persons occupying the premises and living as
a single housekeeping unit.
Any parcel of land five acres or more, used for agricultural activities or farm operations, or land defined in § 301, Subdivision 4, of Article 25-AA of the New York State Agriculture and Markets Law as "land used in agricultural production." It includes necessary agricultural structures and the storage of equipment used. Additional regulations apply for farms exceeding the annual gross cash farm income threshold for "small family farms," as defined by the U.S. Department of Agriculture's Economic Research Service Farm Typology classification (see § 208-14U).
[Amended 3-9-2022 by L.L. No. 2-2022]
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" as defined in § 301, Subdivision 13, of Article
25-AA of the Agriculture and Markets Law and "timber processing" as
defined in § 301, Subdivision 14 of Article 25-AA of the
Agriculture and Markets Law. 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 structure serving as an enclosure or barrier, usually constructed
of, but not limited to, wood, vinyl, masonry, stone, wire, metal or
other manufactured material or a combination of materials erected
for the enclosure/separation of yard areas.
The total area taken at the main grade of the garage footprint.
Such areas shall be computed by using outside building wall dimensions.
The sale of used household goods, clothing and equipment of the homeowner or tenant of a residential property, from such property. (See § 208-14S.)
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
servicing, adjusting or equipping of motor vehicles.
A private garage physically attached to a dwelling by other than an open breezeway or other partially open structure, and which is used principally for the storage of automobiles. (See § 208-14R.)
A private garage, not physically attached to a dwelling as defined above, used principally for the storage of automobiles. (See § 208-14R.)
The elevation of the center line of the streets as officially
established by state, county or Town authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
The area of the site not consisting of buildings, structures,
pavement or other impervious surfaces which are left in their natural
state, planted, seeded or landscaped, including areas which may be
incorporated into an approved recreation, water quality or buffering
plan. Green space shall not include foundation or small isolated parking
island plantings. In the instance where open space on the parcel is
conveyed to the Town as part of the development, such area shall be
utilized in the determination of the percentage of green space.
The total area designed for tenant occupancy and exclusive
use, including any habitable/occupied basements, mezzanines or upper
floors as expressed in square feet and measured from the center line
of joint partitions and/or outside wall faces.
The maximum horizontal area of a building at the ground level,
excluding storage space, open porches, terraces, steps, roof overhang
and attached or built-in garage areas.
A row of closely planted shrubs, or low-growing trees forming
a fence or boundary.
The vertical distance measured from the elevation of the
average finished grade to the highest point of the roof. The average
finished grade is determined by drawing a rectangle around the footprint
of the structure, identifying the midpoints of each side, and finding
the average elevation of the four midpoints.
A building or group of buildings where transient guests are
regularly received without stipulated agreement in a non-owner-occupied
dwelling for a period generally not exceeding 28 days. Transient guests
are supplied with and charged for lodging and/or meals and/or such
other services as are incident to the use of such place as a transient
rental.
Adjustments to the permissible density, area requirements
and open spaces of the Local Zoning Law of the Town of Perinton adopted
June 22, 1954, and any amendments thereto; these adjustments may incorporate
two or more noncontiguous parcels of land.
The area embraced within the prolongation of the boundary
lines of intersecting rights-of-way.
Any premises on which five or more dogs four months old or
older are kept.
A parcel of land considered as a unit, unoccupied or occupied
by a building or group of buildings that are united by common interest
or use, and the customary accessories and open spaces belonging to
the same.
The manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment of such products, but excluding basic industrial
processing and custom manufacturing. Typical light manufacturing uses
include but are not limited to: electronic goods, food and bakery
products, nonalcoholic beverages, paper imprinting, publishing, household
appliances assembly, and clothing apparel. The assembly, fabrication,
or processing of goods and materials uses processes that ordinarily
do not create noise, fumes, smoke, odors, glare or health and safety
hazards outside of the building or lot where such assembly, fabrication
or processing takes place, where such processes are housed entirely
within a building.
[Added 3-8-2023 by L.L.
No. 1-2023]
Any structure having separate compartments or units less
than 400 square feet each adapted to or used for the storage of goods,
materials and/or merchandise for compensation.
Any use of a building, other structure or tract of land which
was lawfully existing prior to the adoption, revision or amendment
of this Zoning Law but which fails to conform to the use regulations
for the district in which such use is located by reason of such adoption,
revision or amendment.
The system by which specific incentives are granted to applicants
pursuant to this section on condition that specific physical, social
or cultural benefits or amenities inure to the community.
A wall on an interior lot line used or adapted for joint
service between two or more townhouse or duplex units which shall
be constructed with a fire-resistance rating as required by the New
York State Uniform Fire Prevention and Building Code.
An outdoor area that is constructed of dry laid natural or
manufactured stone, brick, concrete unit pavers, or similar materials,
or natural wood or manufactured planks where the surface is less than
eight inches in height and supported entirely by adjacent ground.
[Added 1-22-2020 by L.L.
No. 1-2020]
A covered, nonenclosed shelter projecting from the entrance
of a building.
[Added 1-22-2020 by L.L.
No. 1-2020]
A piece or parcel of land, including all buildings and structures
thereon.
The words "public buildings and grounds," as used in this chapter,
are intended to designate any one or more of the following uses, including
grounds and accessory buildings necessary for their use:
Churches, places of worship, parish houses and convents.
Public parks, playgrounds and recreational areas when authorized
or operated by a governmental authority.
Nursery schools, elementary schools, high schools, colleges
or universities having a curriculum approved by the Board of Regents
of the State of New York.
Golf courses and country clubs when occupying not less than
50 acres; not including, however, clubs whose activities include the
maintenance, storage or takeoffs or landings of aircraft.
Public libraries and museums.
Not-for-profit fire, ambulance, public safety and humane society
buildings.
Proprietary or not-for-profit 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; nursing homes, residential health care facilities, adult homes or residences for adults, all as defined by either the Public Health Law or Social Services Law, or senior citizen apartments, as defined by § 208-8.
Recreational facilities, either for profit or not for profit,
such as swimming, tennis, platform tennis, bowling, hockey, ice skating,
karate studio, dance studio or other similar indoor or outdoor sports
(except if located within an enclosed mall or shopping center.)
Day-care centers approved by the New York State Department of
Social Welfare.
See § 208-14Q.
Equipment or a place designed for sport, amusement or entertainment and generally used by more than a single family. Such facilities shall include but are not limited to the following: playground equipment, pools, tennis courts, ramps for in-line skates or skateboards or bicycles, basketball courts, hockey rinks, soccer fields, lacrosse fields, baseball fields and similar facilities. These shall not include the following facilities when associated with one- or two-family dwellings: pools, hot tubs, single-goal, half-court or half-size fields, or similarly reduced-size facilities, ice rinks smaller than 20 feet by 30 feet, or ramps less than three feet in height and 64 square feet in area, provided that these facilities are not illuminated. If such facilities are illuminated, they shall comply with the requirements of full-sized facilities as per § 208-24B.
An individual who principally lives in a dwelling in the
Town of Perinton.
Includes all uses for living units in residential, apartment
and townhouse districts regardless of the form of ownership.
A reflector antenna designed to receive radio or television
signals which has a physical cross section measuring less than 12
feet. The total height of such antenna and support structure shall
not exceed 10 feet above the ground.
A residential building with units for rent for more than
five unrelated adults over the age of 55 years. 90% of all of the
rental units must be occupied by an adult at least 55 years of age.
SENIOR LIVING AND CARE FACILITIESMay offer supportive services, personalized assistance, and supervision for senior citizens who may need help with activities of daily living, but who do not require intensive health care as provided by a nursing home. These facilities have a central or private kitchen, dining, recreational, and other facilities with separate bedrooms or living quarters where the emphasis of the facility remains residential. This may include many housing forms, including detached and attached dwelling units, apartments, and residences, and a variety of level of services to residents. They offer social activities, support assistance, and personal care on one campus.
NURSING HOMESAny facility whose primary function is to care for persons who are unable to care for themselves. For example, rest homes (which are primarily for the aged), chronic care and convalescent homes. Traffic is primarily generated by employees, visitors and deliveries.
The distance from a street line or lot line to the wall of
that part of the structure nearest said line, not including entrance
steps, marquees or roof overhangs which are open to light, air and
visibility. In computing side and rear setbacks, chimneys which do
not exceed six feet in width and 30 inches in depth are permissible
in front of the wall. If a structure is of cantilever construction
or is supported by beams or poles instead of walls, the setback shall
be measured from the line to a point on the ground determined by dropping
a plumb line vertically from the exterior wall of said structure nearest
said line. All measurements shall be made at right angles to or radially
from the line to the structure. Setbacks from street lines to walls
are defined as "front setbacks." Setbacks from side lot lines are
"side setbacks." Setbacks from rear lot lines are "rear setbacks."
Front setbacks on corner lots may be 10 feet shorter than the front
setback required in each residential district. When a rear yard abuts
a road, the front yard setback for the district shall apply.
A right-of-way for pedestrians or bicycle riders, formally
dedicated to the public use, accepted or maintained by the appropriate
governmental or municipal body for public use.
A residence with finished living area on more than two horizontal
planes. The levels in a split-level house are staggered so that the
second plane is not directly under the third plane or directly over
the first plane. For the purpose of determining minimum ground area
in this chapter, a "split-level dwelling" shall be deemed a one-story
building if a garage is included within the building area; it shall
be deemed a one-and-one-half-story building if a garage is not included
within the building area.
An area comprised of stacking spaces and driving lanes provided
for vehicles waiting for service at a drive-through facility that
is physically separated from other traffic, parking spaces, and pedestrian
circulation on the site.
That portion of a building included between the surface of
the floor and the ceiling directly above it, having a vertical distance
of at least seven feet six inches along the walls forming each of
the exterior walls. Each story above the first story must have an
area equal to at least 2/3 that of the first story. The first story
is the lowest story which is 75% or more above the average level of
the ground adjacent to said building.
That portion of a building directly under a gable, hip or
gambrel roof having a vertical distance between the floor and horizontal
ceiling of at least seven feet six inches, except that for habitable
space under a sloping roof, the minimum height above at least 50%
of such floor area shall be seven feet six inches, and the area where
the height is less than five feet shall not be considered in computing
the required floor area.
A right-of-way formally dedicated to the public use or accepted
or maintained by the appropriate governmental or municipal body for
public use.
Anything built or erected which rests upon or in the ground,
or requires the support of the ground, or is attached to any building.
This does not include utility poles installed and in use by a public
utility, nor sidewalks, parking areas, driveways, exterior mechanical
devices, or fencing up to and including six feet in height.
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, and
provided with a recirculating and/or controlled water supply. The
definition of "swimming pool" does not include natural or artificial
ponds which have dirt and gravel sides and bottoms, which are not
equipped with filtering equipment and are used primarily for farm,
aesthetic, fishing or boating purposes.
Any natural or artificial pool or combination thereof or
any structure, whether built on, above or below the surrounding finished
grade, which is designed to contain water to a depth of 30 inches
or more and has at least one horizontal dimension of 12 feet or more.
The definition of "swimming pool" does not include natural or artificial
ponds which have dirt and gravel sides and bottoms, which are not
equipped with filtering equipment and have a surface area of at least
10,000 square feet and are used primarily for farm, aesthetic, fishing
or boating purposes.
Such pools subject to state and county controls when their
use has been permitted under the definition of "public buildings and
grounds" above.
Communications towers and/antennas and accessory structures
used in connection with the provision of cellular telephone service,
PCS, paging services, radio and television services and similar broadcast
services.
A structure arranged for not less than three nor more than
eight townhouse units, each separated by party walls.
Two or more townhouse buildings located on a parcel or parcels
of land in one ownership at the time of application for site plan
approval, and having any yard, court, street or other improvements
in common.
An individual dwelling in a townhouse building with provisions
for living, sanitary and sleeping facilities arranged for the use
of one family.
Single-family dwellings which are attached units constructed
to one building or a group of buildings which are located on a separate
lot with zero side setbacks and have common elements for the use of
all residents.
A person who resides in a transient rental dwelling unit
for a period of less than 28 continuous days.
Rental of a dwelling unit by transient guests for a period
of less than 28 continuous days.
Secondary distribution electric lines, telephone lines, cable
television and distribution lines and service lines for electricity,
gas, water and cable television from the boundary of each lot to the
structures thereon.
An upright, freestanding, solid enclosure/barrier usually
constructed of masonry, wood, plaster, or other building material
serving to enclose, divide, or protect an area (excluding retaining
walls).
Any structure adapted to or used for the storage of goods,
materials and/or merchandise.
The business of receiving and storing goods, materials and/or
merchandise.
The area between that part of an existing structure nearest
the street line and the street line, bounded on each side by the side
lines of the lot.
On corner lots, those areas between the part of each exterior
wall of an existing structure nearest each street line abutting said
lot, and said street lines bounded by the other street and the side
line most closely parallel to said other street line shall each be
the "front yard."
The area between that part of an existing structure nearest
the rear line of the lot and said rear line, bounded on both sides
by the side yards of said lots.
On corner lots, that area between that part of an existing structure
nearest each side line which has the larger amount of square feet
shall be considered the "rear yard," and the area having the smaller
amount of square feet shall be considered the "side yard."
That area between that part of an existing structure nearest
the side line and the side line of each lot, provided that said side
line is not also a street line.
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