As used in this chapter, the masculine includes the feminine;
the singular includes the plural; the present tense includes the future
tense; the word "person" includes an individual, firm or corporation;
the word "shall" is always mandatory; the word "lot" includes the
word "plot" or "parcel"; the words "used" or "occupied," as applied
to any land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied"; any reference to a residence
or residential district shall be interpreted to mean any district
with the word "residential" in its title; and a "building" or "structure"
includes any part thereof.
Unless the context of this chapter otherwise requires, the following
definition of words and phrases shall be used in the interpretation
and construction of this chapter:
A structure or use incidental to the main structure or the
principal use of the land on the same lot. For residential accessory
use, the term specifically excludes the simultaneous operation of
three or more motorized vehicles, motor driving schools or training
facilities, the use of motorized vehicles by nonresidents of the parcel,
and the alteration of the natural topography, including, but not limited
to, such items as jumps, moguls and other natural site features. For
adult bookstores or adult video stores, it shall mean the sale and/or
rental of the merchandise as further defined under the definitions
of the terms "adult bookstore or adult video store," "sexually oriented
business," and "substantial enlargement."
The treating, by means of mechanical, thermal or electrical
stimulation effected by the insertion of needles or by the application
of heat, pressure or electrical stimulation at a point or combination
of points on the surface of the body predetermined on the basis of
the theory of the physiological interrelationship of body organs with
an associated point or combination of points for diseases, disorders
and dysfunctions of the body for the purpose of achieving a therapeutic
or prophylactic effect. The profession of acupuncture includes recommendation
of dietary supplements and natural products including, but not limited
to, the recommendation of diet, herbs and other natural products,
and their preparation in accordance with traditional and modern practices
of East Asian (Chinese, Korean or Japanese) medical theory.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental or any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, paraphernalia, books, magazines, movies,
videos or other similar devices or merchandise which are designed
for use in connection with specified sexual activities. A commercial
establishment may have other principal business purposes that do not
involve the offering for sale or rental of material depicting or describing
specified sexual activities or specified anatomical areas and still
be categorized as an adult bookstore or adult video store so long
as one of its principal business purposes is the offering for sale
or rental for consideration the specified materials which depict or
describe specified sexual activities or specified anatomical areas.
For purposes of this definition, "principal business purpose" shall
mean 5% or more of any of the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale, rental and/or
display of such merchandise; or
The amount of advertising which is devoted to such merchandise,
either in print or broadcast media.
A nightclub, bar, restaurant or similar commercial establishment
which features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A public or private establishment, or any part thereof, which
presents any of the following entertainment, exhibitions or services:
topless and/or bottomless dancers; strippers; topless waitressing,
busing or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcades; adult bookstores or adult video stores; adult cabarets;
adult motion-picture theaters; adult theaters; escort agencies; nude
model studios; and sexual encounter centers. Adult use entertainment
establishments customarily exclude minors by reason of age.
Agriculture or farming engaged in as a large-scale business
operation including the production, processing, and/or distribution
of agricultural products.
A farm building used solely and directly for the storage
of agricultural materials or products or equipment or other agricultural
purposes.
The use of the land for agricultural purposes, including
farming, dairying, pasturage, agriculture, horticulture, floriculture,
viticulture, apiaries and animal and poultry husbandry, and the necessary
accessory uses for storing produce; provided, however, that the operation
of any such accessory use shall be incidental to that of normal agricultural
activities, and provided further that the above uses shall not include
the operation of a feed lot or other commercial feeding of animals
or the manufacturing or processing of agricultural products as a principal
use.
Any structure, building, tower, pole, wire, tree or other
thing, or portion thereof, or use of land which obstructs the airspace
required for the flight of aircraft in landing or taking off at the
airport or is otherwise hazardous to such landing or taking off of
aircraft.
The area of land surrounding the Monroe County Airport, upon
which an airport hazard might be established.
A public or private way not more than 30 feet wide according
only secondary means of access to abutting property.
Structurally altered.
Any type of trailer or similar equipment used for the transportation
of items or personal property, including but not limited to: all-terrain
vehicles, motorcycles, commercial equipment, snowmobiles, boats, personal
watercraft and/or recreation vehicles as hereinafter defined.
A place where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment. Use
as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
A building arranged, intended or designated to be occupied
by three or more resident households living independently of each
other. An apartment house is a structural definition and applies irrespective
of how the individual dwelling units therein are offered for sale
or rental. An apartment house and multiple or multifamily dwelling
are the same type of structure.
For the purposes of excavations, all on-site operations involved
in the treatment, processing or further fabrication of soil, sand,
gravel or natural deposits, including washing, sedimentation ponds,
grading, sorting, grinding operations, concrete-batching plants, asphalt-mixing
plants and aggregate dryers.
An area accessible to the public used for preparing and serving
alcoholic beverages, which may also be used for preparing and serving
nonalcoholic beverages. A bar area shall include any seating area
where tables and chairs are devoted to serving or consuming these
beverages.
A building or lot having pumps and storage tanks where fuels,
oils or accessories for motor vehicles are dispensed, sold or offered
for sale at retail only, and where repair service is incidental.
See "tavern."
The flood having a 1% chance of being equaled or exceeded
in any given year.
That portion of a building which is partly or completely
below grade level.
A vessel capable of carrying one or more people and intended
for use on or in water.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
The building in which is conducted the main or principal
use of the lot on which said building is situated.
An enclosed structure designed for washing and/or cleaning
of motor vehicles, which may include self-service and coin-operated
machines or which may include a structure in which a vehicle is towed
through a building or structure by a mechanical device, passing through
a series of cycles, including but not limited to washing, rinsing,
liquid waxing and drying.
The same as the authorized secretary of the respective Board
or his/her authorized substitute. The Building Department serves the
function of Clerk of the Planning Board.
The customer or patron who pays for or receives massage services.
A membership recreational building, but not including a club
the chief activity of which is a service customarily carried on as
a business.
Any building or lot on which three or more domesticated animals
are trained, boarded, groomed, bred or sold for commercial purposes.
This definition shall not apply to or include animals which are owned
by the person or persons who own or occupy said building or lot. Also,
this definition shall not apply to or include domesticated farm animals,
such as horses, donkeys, cattle, sheep, goats, pigs, ducks and geese,
poultry and rabbits.
A privately owned residential tower such as amateur radio
antennas used strictly for personal use.
A structure, building or use of land located in a Planned
Institutional Development District, such as stadiums, theaters, auditoriums
or religious facilities, that are offered periodically for use by
the public.
The payment, loan, advance, donation, contribution, deposit,
exchange, or gift of money or anything of value.
The Conservation Board of the Town of Chili, New York.
A building available to the public and operated for commercial
gain which is used for the retail sales of personal service items,
including but not limited to groceries, beverages (including those
further regulated by the State Liquor Authority), tobacco products
and health and beauty items. As used in this chapter, the term also
means "mini-mart."
A building available to the public and operated for commercial
gain which is used for the retail sales identified above as a convenience
store and the dispensing of petroleum and/or other fueling products
to the general public.
An occupation or a profession:
Which is carried on wholly within the enclosed walls of the
dwelling or attached garage, and does not use more than 25% of the
floor area, or a maximum of 500 square feet, whichever is less;
Which is carried on by members of the family residing in the
dwelling;
Which is clearly incidental and secondary to the use of the
dwelling for residential purposes;
Which shall not change the character of the neighborhood in
which it is located;
Which shall not be advertised by any exterior signage; and
In which the repair of gasoline or diesel engines or motors,
not owned by one of the members of the family residing in the dwelling,
is expressly excluded.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A residential hall providing rooms for individuals or groups
attending an institution. The term excludes fraternities and sororities.
An asphalt, concrete, crushed stone or other hard surface,
generally constructed between a public or private road and a garage
or dwelling, used to access the garage or dwelling from the public
or private, road, and used for the parking of vehicles.
A building consisting of two dwelling units that are attached
side by side.
Any building or portion thereof designed or used as the residence
or sleeping place of one or more persons.
DWELLING, SINGLE-FAMILYA building designed or used for residence purposes by not more than one family, containing one dwelling unit only and meeting the following floor area standards: one-bedroom: 850 square feet; two-bedroom: 1,000 square feet; three bedroom: 1,150 square feet; and four-bedroom: 1,300 square feet.
DWELLING, TWO-FAMILY or DUPLEXA building designed or used for residence purposes by not more than two families and containing two dwelling units that individually meet the floor area requirements established for single-family dwellings.
DWELLING, MULTIPLE-FAMILYA building or portion thereof designed or used as a residence by three or more families and containing three or more dwelling units.
A group of three or more dwellings located on a parcel of
land in one ownership and having any yard or court in common.
One or more rooms designed for occupancy by one family, or
one student residence, for residential purposes with independent housekeeping
facilities.
A dwelling unit without a separate distinct room for sleeping.
Any person employed by a massage business who may render
any service to the business, and who receives any form of compensation
from the business.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes or offers
to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
The removal of soil, sand, gravel or other natural deposits
by excavating, stripping or other means for the principal purpose
of marketing these deposits. It does not include excavation primarily
for purposes other than those of marketing natural deposits, such
as for grading approved subdivisions, for constructing housing or
other structures or for laying out public utilities, pipes or mains,
all of which require building or other permits before commencement
of work.
The Federal Aviation Administration or its successor.
It shall be presumptive evidence that four or more persons living
in a single dwelling unit who are not related by blood, marriage or
legal adoption do not constitute the functional equivalent of a traditional
family.
In determining whether individuals are living together as the
functional equivalent of a traditional family, the following criteria
must he present:
The group is one which in theory, size, appearance, structure
and function resembles a traditional family unit.
The occupants must share the entire dwelling unit and live and
cook together as a single housekeeping unit. A unit in which the various
occupants net as separate roomers may not be deemed to be occupied
by the functional equivalent of a traditional family.
The group shares expenses for food, rent or ownership costs,
utilities and other household expenses.
The group is permanent and stable. Evidence of such permanency
and stability may include:
The presence of minor dependent children regularly residing
in the household who are enrolled in a local school.
Members of the household having the same address for the purposes
of voter registration, driver's license, motor vehicle registration
and filing of taxes.
Members of the household are employed in the area.
The household has been living together as a unit for a year
or more, whether in the current dwelling unit or other dwelling units.
Common ownership of the furniture and appliances among the members
of the household.
The group is not transient or temporary in nature.
Any other factor reasonably related to whether or not the group
is the functional equivalent of a family.
Any fence, brick or stone wall and a hedge located outside
of the area bounded by the front building foundation line and the
side and rear setback requirements. The face side of any "fence" erected
in any district shall face the nearest abutting property, and all
posts shall be on the inside of said "fence" unless said posts or
supports constitute an integral part of said face side.
The Official Map on which the Federal Insurance Administration
has delineated both the special flood hazard areas shown and defined
as the Floodplain Overlay Zone in this chapter, and the risk premium
zones applicable to the Town of Chili effective as of February 1,
1979.
The official report in which the Federal Insurance Administration
has provided to the Town of Chili the flood profiles, as well as the
flood hazard boundary (Floodplain Overlay Zone) - Floodway Map and
the water surface elevation of the base flood.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
The highest level of flood that, on the average, is likely
to occur once every 100 years; that is, that has a 1% chance of occurring
each year.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plans, flood control works and land use and control measures.
A land area adjoining a river, stream, watercourse, ocean,
bay or lake, which is likely to be flooded.
Any combination of structural and nonstructural additions,
changes or adjustments to properties and structures which reduce or
eliminate flood damage to lands, water and sanitary facilities, structures
and contents of buildings.
The channel (Floodway District) of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than one foot.
A building or portion thereof designed or used by a men's
student organization, approved by an institution, for scholastic,
professional or extracurricular activities, including the residence
or sleeping place of one or more persons belonging to a fraternal
organization.
That portion of a parcel of property which abuts a dedicated
public street or highway. For the purpose of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to streets
shall be considered frontage.
An accessory structure associated with dwelling units, used
to shelter private passenger vehicles and/or personal property, and
in which no space is leased to a nonresident of the premises or otherwise
used for commercial purposes.
A structure for the storage of automobiles, recreational
vehicles, trucks or trailers and the storage of vehicles not in operating
condition, and/or maintenance and repair of same, provided that such
vehicles are completely stored within an enclosed building or area
completely obscured from view from adjacent properties. Each stored
vehicle shall contain a valid license plate or be stored under the
direction of a law enforcement or insurance agency, provided further
that there may be dispensing of petroleum products on the premises
for such vehicles.
Finished grade level and shall be not more than three feet
three inches below finished first floor level. Finished grade level
shall be determined at the front line of the building.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
Any on-site roads, including entrances, used by trucks or
machinery to carry materials to and from areas of construction or
excavation operation areas.
The vertical distance from the main level of the ground surrounding
the building to a point at the highest point of the structure, provided
that chimneys, spires, towers, elevator, penthouses, tanks and similar
permitted projections shall not be included in determining the height,
except for considerations in determining the height limits relating
to Airport Overlay Districts, in which case the requirements of the
district shall govern.
An occupation or profession as defined under "customary home
occupation" which will allow not more than one person, other than
a family member residing in the dwelling, to be employed in the business.
A natural person, business, or corporation that provides
massage therapy services to another entity under terms specified in
a contract or within a verbal agreement. Unlike an employee, an independent
operator does not work regularly for an employer but works as and
when required.
An established organization or corporation, including but
not limited to universities, colleges, technical schools, hospitals,
clinics, care homes, sanitariums, fraternities, sororities and Town-owned
buildings and grounds.
A graphic comprehensive presentation of the various component
buildings, structures and facilities comprising an institution operating
on land located in the Town of Chili. The institution's master plan
is a dynamic document expressing the official guideline(s) for an
institution's growth and development and is, therefore, subject to
periodic review and update by the institution's governing body and
further subject to review and approval by the Town under this chapter.
A road wholly within a project or development, whether dedicated
or not, which is designed solely to provide access to the residences,
lots or development therein.
A WECD primarily generates power on-site to be transferred
to a transmission system for distribution to off-site customers or
for sale to a distribution company. The definition of LWECD shall
also include WECDs erected and used for private use if the maximum
height of any system component is greater than 200 feet from the ground
surface.
The constant sound pressure level in dBA that, over the period
of an hour, represents the energy equivalent of the actual sound pressure
level in dBA measured over the same period.
A parcel of land under separate ownership or parcel as designated
on a plot plan recorded in the Monroe County Clerk's office.
The computed area contained within the lot lines; said area
to be exclusive of street or alley rights-of-way.
Considered to be the distance between the midpoints of straight
lines connecting the foremost points of the side lot lines in front
and the rearmost points of the side lot lines in the rear.
Horizontal distance between the side lot lines measured within
the lot boundaries or the mean distance between the side lot lines
within the buildable area. In the case of a corner lot, "lot width"
shall mean the mean horizontal distance between the longest front
lot line and the opposite lot line not abutting the street.
A lot abutting the intersection of two or more streets. The
front lot line and address of a property on a corner lot shall be
determined by the assessment roll of the Town of Chili.
A lot other than a corner lot fronting on two streets or
upon a street and a right-of-way of more than 25 feet in width.
Any home factory-built in the United States to the Housing
and Urban Development (HUD) Title 6 construction standards (commonly
known as the "HUD" standard). A manufactured home is built on a permanent
chassis to ensure transportability. However, typically a manufactured
home is not moved from its initial installed site.
Any lot, piece or parcel of ground whereon two or more manufactured
homes are parked or located.
A person or persons having for sale new manufactured homes
under a manufacturer's franchise or used manufactured homes which
they have purchased or taken in trade, but under no circumstances
does it apply to manufactured homes owned by individuals which are
used by these individuals during some portion of the year.
Any business that offers massage, massage therapy or body
work or similar services in exchange for compensation, whether at
a fixed place of business or at a location designated by the customer
or client through outcall massage services. Any business that offers
any combination of massage therapy and bath facilities - including,
but not limited to, showers, baths, wet and dry heat rooms, pools
and hot tubs - shall be deemed a massage establishment under this
chapter. The term "massage establishment" or "massage business" includes
a certified massage practitioner who is the sole owner, operator and
employee of a massage business operating as a sole proprietorship.
Any person duly licensed by the New York State Education
Department to engage in massage therapy pursuant to Article 155 of
the New York State Education Law.
Refers to any method of treating the external or superficial
parts of the body for medical, remedial, health, relaxation or hygienic
purposes for any form of compensation by means of pressure on or friction
against, or stroking, kneading, rubbing, tapping, pounding, or stimulating
the external parts of the body including, but not limited to, acupressure
and acupuncture, with or without the aid of any:
Mechanical or electrical apparatus including all methods of
or appliances; or
Supplementary aids, such as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments, or other similar preparations
commonly used in this practice; or
Baths, including but not limited to Turkish, Russian, Swedish,
Japanese, vapor, shower, electric tub, sponge, mineral, fomentation,
or any other type of bath.
The average height of the sea for all stages of the tide.
A WECD which can have a rated capacity more than 10 kW, but
is not more than 200 feet in total height from the ground surface
to the maximum height of any component of the system, and which is
intended to primarily reduce on-site consumption of utility power.
A building where minor repairs to motor vehicles are conducted,
such as oil changes, lubrications, tire repairs, muffler and brake
repairs and replacements, tune-ups and similar operations which do
not, on the average, take more than two hours to complete.
A dwelling unit which must be transported to a building site
in at least two sections, each of which must be transported separately,
which may or may not have a complete heating system or applied siding
at the time of transit and shall become a fixed dwelling on rigid
supports upon the completion of construction. This does not mean to
include precut-section construction techniques.
A structure available to the public and operated for commercial
gain which is used for the storage, lubricating, washing, equipping,
servicing, repair or modification of motor vehicles, including but
not limited to engine or transmission repair; body or frame straightening
or repair; exhaust repair, painting, refinishing or undercoating;
or installation or repair of tires, glass, upholstery or radio or
audio equipment.
A structure available to the public and operated for commercial
gain which is used for the purpose of selling motor vehicles and motor
vehicle repair parts.
A structure available to the public and operated for commercial
gain which is used for the sale of automotive fuels, oils or accessories,
including lubrication, washing, polishing or cleaning and the replacement
or installation of parts not defined under "motor vehicle repair station."
Any city, town or village of the County of Monroe.
A use of land or of a building or structure which use lawfully existed at the time of the adoption of this chapter or of any amendment thereto, but which use does not conform with the use regulations imposed by this chapter or such amendment thereto. See also Article VIII.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured or photographed or similarly
depicted by other persons who pay money or any form of consideration.
The appearance of human bare buttocks, anus, male genitals,
female genitals or full male or female breasts.
An open area of land used for the operation of motorized
vehicles, at any speed, on the same parcel of land, regardless of
whether or not the vehicles are involved with any aspect of racing.
An off-road track is defined by the absence of natural vegetation
caused by the operation of motorized vehicles.
Area unoccupied by any building, structure or parking area,
whether paved or unpaved.
Any and all owners of a massage establishment, including
any and all independent operators, tenants, lease.
The engaging in or carrying on of massage therapy for compensation
in a location other than the business operations address set forth
in the massage establishment's business registration.
Those exterior facilities adjacent to and a part of establishments
selling food and/or drink, entirely located on private property, open
to the elements except for awnings and/or low walls or fences and
temporary or permanent in nature, such as rooftop cafes and those
at street level.
That area of the Town which may or may not be mapped on the
Official Zoning Map and is described in this chapter as having special
considerations attached to the primary zone in and above what may
be required in the primary zone.
Any of the following persons:
Any person who is a general partner of a general or limited
partnership that owns or operates a massage establishment.
Any person who has a 5% or greater ownership interest in a corporation
that owns or operates a massage establishment.
Any person who is a member of a limited liability company that
owns or operates a massage establishment.
Any person who has a 5% or greater ownership interest in any
other type of business association that owns or operates a massage
establishment.
A permanently surfaced and marked area 9.5 feet wide and
19 feet long, excluding paved area necessary for access, for the parking
of a motor vehicle.
Any individual, firm, association, partnership, corporation,
joint venture, limited liability company, or combination of individuals.
A structure or structures used or designed to be used for
the supply of petroleum and/or other fueling products for the propulsion
of vehicles. Also included in this definition is the dispensing of
alternative sources of energy to include, but not be limited to, electric,
propane and natural gas.
A retail business primarily for the sale of medicines, drugs,
cosmetics, medical supplies, health products and similar goods where
the foregoing use occupies no less than 50% of the floor area of said
business and where the revenues from sales of the foregoing equal
or exceed 50% of gross revenues.
A retail business primarily for the sale of medicines, drugs,
cosmetics, medical supplies, health products and similar goods where
the foregoing use occupies no less than 70% of the floor area of said
business and where the revenues from sales of the foregoing equal
or exceed 70% of gross revenues. Neighborhood pharmacies shall exclude
drive-through service, and they shall exclude the sale of refrigerated
foods.
The Planning Board of the Town of Chili, New York.
The updated Town of Chili Comprehensive Plan, Capital Budget
Program or any other planning document used to direct the future growth
of the Town of Chili.
Shall be used interchangeably and mean any person who administers
massage to another person, for any form of consideration (whether
for the massage, as part of other services or a product, or otherwise).
That area of the Town which is described in this chapter
as having certain uses allowed either outright or conditionally and
may or may not be mapped on the Official Zoning Map.
Any building or lot on which three or more domesticated animals
more than six months in age are housed, bred, trained or sold; provided,
however, that "private animal kennel" does not include commercial
animal kennel. This definition shall not apply to or include domesticated
farm animals, including horses, donkey, cattle, sheep, goats, pigs,
ducks and geese, poultry and rabbits.
The office of a lawyer, doctor, dentist and any activity
or service licensed pursuant to the provisions of the Education Law
of the State of New York.
Structures which house operating equipment, such as sewer
lift stations, electrical switches or transformers, telephone switches,
pumping stations and the like.
Defined to exist if the one-third octave hand sound pressure
level in the band, including the tone, exceeds the arithmetic average
of the sound pressure levels of the two contiguous one-third octave
bands by five dBA for center frequencies of 500 Hz and above, by eight
dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA
for center frequencies less than or equal to 125 Hz.
The operation of more than two motorized vehicles, off-road
vehicles, or motorcycles, either simultaneously or under timed conditions,
at any speed on the same parcel of land.
In a residential district, any area of land where three or
more motor-driven vehicles operate simultaneously, or under time conditions,
at any speed. The term shall include any area of land whether or not
the area of land consists of a circuit or continuous loop, or whether
or not the area of land consists of a defined path or course. This
term shall also apply to the operation of off-road vehicles.
An area immediately inside the front door of the massage
establishment dedicated to the reception and waiting of patrons of
the massage establishment and visitors, and which is not a massage
therapy room or otherwise used for the provision of massage therapy
services.
Any device or vehicle, which is used for recreational purposes.
For the purpose of this chapter, the definition of a recreational
vehicle shall include, but not limited to, travel trailers, pickup
campers, motorhomes, boats, boat trailers, snow vehicles, racing vehicles,
cycle trailers, personal water craft, utility trailers or similar
vehicles or equipment.
An enclosure used for the temporary storage and discarding
of recyclable materials that include, but are not limited to, aluminum,
boxboard, corrugated material, glass bottles, paper products, used
clothing and apparel, metal, newsprint, plastic and any allowable
material in accordance with Monroe County recyclable waste standards.
The business registration required by this chapter to operate
a massage establishment.
The process to restore a site or building to a state of usefulness.
A permanent building used for the serving of meals with table
or counter chair facilities. A restaurant with a bar area exceeding
500 square feet or 30% of the dining area shall be classified as a
tavern.
A restaurant which serves alcoholic beverages (including
beer, wine and/or liquor) for on-premises consumption as an accessory
use to the restaurant operation. Annual gross receipts from the sale
of beverages containing alcohol may not exceed 40% of the combined
total receipts from food and beverages. Such restaurant shall have
a full food menu, a fully equipped kitchen and a kitchen run by a
chef. A restaurant with a bar area exceeding 500 square feet or 30%
of the dining area shall be classified as a tavern.
A restaurant which does not serve alcoholic beverages.
To bring back to an original or former condition.
Any school or institution of learning that is recognized
as an approved school pursuant to New York State Education Law, as
currently drafted or as may be amended.
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
The minimum allowable horizontal distance from a given point
or line of reference, such as a street right-of-way, to the nearest
vertical wall or other element of a building or structure as defined
herein.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, escort agency, nude model studio
or sexual encounter center.
A plan, prepared to scale, showing accurately and with complete dimensioning, all of the uses proposed for a specific parcel of land. See also Article V.
A WECD which has a rated capacity of not more than 10 KW,
is not more than 65 feet in total height from the ground surface to
the maximum height of any component of the system, and is intended
to primarily reduce on-site consumption of utility power.
A slotted wood-and-wire fence or industry-standard mesh used
to prevent snow drifting over roads and drives and not used as an
enclosure.
Includes any legal form of business organization where the
business owner (sometimes referred to as the "sole proprietor") is
the only person employed by that business to provide massage services.
To request, ask, demand or otherwise arrange for the provision
of massage services.
A building or portion thereof designed or used by a women's
student organization, approved by an institution, for scholastic,
professional or extracurricular activities, including the residence
or sleeping place of one or more persons belonging to a sorority organization.
Shown as Floodplain Overlay District on the Zoning Map, is
the land in the floodplain within the municipality subject to a 1%
or greater chance of flooding in any given year. It includes the area
shown on the FIRM and in the Flood Insurance Study as Zones, A, AO,
AI-99, VO and VI-30.
A use which is deemed presumptively allowable within a given
zoning district but which is potentially incompatible with other uses
and, therefore, is subject to special standards and conditions set
forth for such use subject to approval by the authorized reviewing
board.
The same as a special permit use.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Any of the following:
An accessory structure associated with dwelling units, used
to store personal property, excluding motor vehicles.
That portion of a building included between the surface of
the floor and the ceiling next above it having a height of at least
seven feet six inches.
A public thoroughfare or right-of-way dedicated, deeded or
condemned for use as such, other than an alley, which affords the
principal means of access to abutting property, including avenues,
places, ways, drives, lanes, boulevards, highways, roads and any other
thoroughfares.
The line present or proposed which is the joint boundary
line between a lot and the street or highway right-of-way.
In addition to its other ordinary applications, any alteration
whereby a building or other structure is adapted to another or a different
use, and to any alteration or repair which would violate any of the
regulations applicable in the district wherein the same is located,
if the said building or other structure were entirely constructed
or so altered or repaired at the time such alterations or repairs
are made.
Anything constructed or built, any edifice or building of
any kind or any piece of work artificially built up or composed of
parts joined together in some definite manner, which requires location
on the ground or is attached to something having a location on the
ground, including, but within limitation, swimming and wading pools,
covered patios, towers, smokestacks, poles, etc., excepting outdoor
areas, such as paved areas, walks, tennis courts and similar recreation
areas. All new structures shall conform to this chapter.
A living arrangement consisting of four or more full-time or
part-time students living in a dwelling unit, one or more of whom
are unrelated by blood, marriage or adoption, and who:
The residents of a student residence shall live in a dwelling
unit as a single housekeeping unit, doing their cooking on the premises.
A student residence shall not include dormitories, fraternities or
sororities. The student residence living arrangement shall only he
regulated within the Student Residence Overlay District. In all other
districts where four or more unrelated students live together, the
definition of "family" shall prevail.
The increase in floor or shelf area occupied by any sexually
oriented business, regardless of whether said business is deemed to
be an accessory use, which exceeds 5% of the total floor or shelf
area of an existing structure as it existed on the effective date
of the Town of Chili Zoning Local Law of 1981.
Vegetation in sufficient quantity and of sufficient maturity
so as to prevent erosion, maintain the general character of the area
and provide effective screening when such purpose is warranted.
Landscaped with vegetation of a type sufficient to effectively
screen differing uses, enhance the quality of the environment and
protect the general welfare.
An establishment serving alcoholic beverages for on-site
consumption as the primary use, including bars, cocktail lounges,
pubs, saloons, and taverns.
The Town Board of the Town of Chili, New York.
The Town Engineer of the Town of Chili, New York.
The Zoning Board of Appeals of the Town of Chili.
An independent single-family dwelling unit which is one of
a series of dwelling units, having a common party wall between each
adjacent unit, each with private outside entrance.
A building or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
Any body of land, including contiguous parcels of land, under
one ownership or under common control of any group of persons acting
in concert as part of a common scheme or plan.
An integrated group of stores, shops and similar establishments
contained within a building or buildings, all of which may be deemed
to provide services to the traveling public, including but not limited
to petroleum sales, motor vehicle repairs, restaurant, hair care,
laundry facilities, showers and personal care facilities, professional
offices related to the travel center, convenience store, etc. This
term shall also include a rest stop for truckers.
A parcel of land with buildings used as a relay station for
the transfer of a load from one vehicle to another or one party to
another. The terminal cannot be used for permanent or long-term accessory
storage for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal, driver training and
support functions and washing and refueling of fleet vehicles.
The New York State Uniform Fire Prevention and Building Code.
The shortest side elevation dimension measured horizontally.
A machine that converts the kinetic energy in the wind into
a usable form of electrical or mechanical energy, commonly known as
a "wind turbine" or "windmill."
Any installation of one or more WECDs including all related
infrastructure, electrical lines and substations, access roads and
accessory structures.
A tower used for the measurement of meteorological data such
as temperature, wind speed, and wind direction. Such towers are temporary
fixtures which are used to test the appropriateness of a site for
the use of a WECD and then removed after testing is complete.
Any area on the same lot with a building or a dwelling group,
which area is unoccupied and unobstructed by any structure from the
ground upward to the sky, except for the projections as permitted
in this chapter.
An area extending the full width of the lot between a building
and the front lot line, unoccupied and unobstructed from the ground
upward, except as specified elsewhere in this chapter, but may include
steps and terraces.
An area extending the full width of the lot between a building
and the rear lot line, unoccupied and unobstructed from the ground
upward, except as specified elsewhere in this chapter.
An area extending from the front yard to the rear yard between
a building and the nearest side lot line, unoccupied and unobstructed
from the ground upward, except as specified elsewhere in this chapter.
This chapter of the Code of the Town of Chili.
