The following words, terms and phrases used in this chapter are defined
as follows:
ACCESSORY BUILDING/STRUCTURE
A building or structure, detached from or attached to a principal
building on the same lot and whose use is customarily incidental and
subordinate to the principal building, including but not limited to
a garage, barn, shed, gazebo, deck, carport, or aboveground pool.
ACCESSORY USE
Use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
ADDITION
Extension or increase in area or height of a building or
structure.
AGRICULTURAL DISTRICT
A district set up under Article 25-AA of the New York State
Agriculture and Markets Law to conserve, protect and encourage development
and improvement of agricultural lands.
AGRICULTURE
The use of land for agricultural purposes, including tilling
of the soil, dairying, pasture, apiculture, arboriculture, aquaculture,
horticulture, floriculture, viticulture, forestry, animal and poultry
husbandry, and the necessary accessory uses for the packing or storing
of products, provided that the operation of any such accessory uses
shall be secondary to that of normal agricultural activities and conducted
in accordance with the New York State Agriculture and Markets Law.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit 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.
ANTENNA
A system of electrical conductors that transmit or receive
radio or similar communication frequency signals. Such signals shall
include but not be limited to radio, television, cellular, paging,
data transmission, personal communication services and microwave communications.
BAR or TAVERN
An establishment licensed under the laws of New York State
for the sale of alcoholic beverages and their consumption on the premises,
not to include a nightclub.
BASEMENT
That portion of a building that is partly or completely below
grade. See the New York State Building Code: Story above grade.
BED-AND-BREAKFAST
An operator-occupied one-family dwelling within which is
provided overnight accommodations for transient paying guests, and
which may include the serving of breakfast, and possibly other meals,
to such guests.
BREWERY
An establishment where beer ale and other malt liquors are
brewed.
BUFFER AREA
A unit of land, together with a specified type and number
of plantings thereon, and any structures or landforms which may be
required between land uses to eliminate or minimize conflicts between
them.
BUILDABLE AREA
The area of a lot remaining after the minimum yard and open
space requirements of the Zoning Law have been met.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
BUILDING FRONT LINE
A line parallel to the front lot line transecting that point
in the building face which is closest to the front lot line. This
face includes porches but does not include steps.
BUILDING LINE
A line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the zoning district
in which the lot is located.
BUILDING PERMIT
A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. The term "building permit" shall also include a building permit which is renewed, amended, or extended pursuant to any provision of this chapter. (See Chapter
65.)
BUILDING, HEIGHT OF
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING, MUNICIPAL
Any one or more of the following uses, including grounds
necessary for their use, and accessory buildings/structures:
(1)
Public libraries and museums.
(2)
Government buildings (Town, county, state or federal).
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUSINESS
An organization or enterprising entity engaged in commercial,
industrial or professional activities, both for profit and nonprofit.
C DISTRICT
A commercial district, includes C1, C2 and C3 unless otherwise
specified.
CAMPGROUND
A parcel of land used or intended to be used, let or rented
for occupancy by or of two or more recreational vehicles, tents or
other recreational or temporary shelter or sleeping quarters of any
kind.
CEMETERY
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including columbarium, mausoleum
and mortuary, when operated within the boundary of such lands and
in accordance with the requirements of New York State law.
CHILD-CARE CENTER
A private establishment enrolling four or more children,
where tuition, fees or other forms of compensation for the care of
the children are charged and which is licensed or approved by New
York State to operate as a "child-care center."
CHURCH
See "place of religious worship."
CLUB
An association of persons forming a membership organization
with bona fide dues-paying members. The organization services and
caters exclusively to its members and guests, and its premises and
buildings are devoted to recreational, athletic, social, fraternal,
civic, or cultural activities consistent with the purposes of the
association.
CODE ENFORCEMENT OFFICER
The official charged with the duty to enforce this chapter
and other laws, ordinances, codes and regulations relating to buildings
and property.
COMMERCIAL AMUSEMENT AND RECREATION FACILITIES
Establishments engaged in providing entertainment or recreation
for a fee or admission charge, including dance halls; bowling alleys;
billiard and pool establishments; commercial sports arenas, rinks
and racetracks; amusement parks; membership sports and recreation
clubs; game parlors; and health clubs.
COMMERCIAL GROSS FLOOR AREA
The sum of the gross floor area of the several floors of
a commercial building, including the area under roofed porches and
roofed terraces. All dimensions shall be measured from the exterior
faces of the exterior walls or exterior roof supports.
COMMERCIAL NURSERY
An establishment where herbaceous plants and related lawn
care, landscaping and gardening products are sold to retail customers.
DAY-CARE FACILITY
Day care provided on a regular basis for more than three
children or adults, away from their own homes, for more than three
hours and fewer than 24 hours per day and as regulated by New York
State Social Services Law § 390.
DEVELOPMENT
Any project that increases the value of property that may
include but not be limited to:
(1)
Installation of service connections to municipal services and/or
public utilities.
(2)
Erection of a dwelling or principal building.
DISTILLERY
A facility where fermented grain, fruit or vegetables are
distilled into spirits or liqueurs.
DISTRICT or ZONING DISTRICT
An area or section of the Town described on the Zoning District
Map established by the Town in accordance with this chapter and within
which uniform requirements regulate the use of land and structures
and the height, bulk, density and setback of structures.
DRIVE-IN SERVICE/DRIVE-THROUGH SERVICE
A facility where a product is sold, or a service performed
for customers while they are in or near their motor vehicles in off-street
parking or service areas. The term includes drive-in banking, drive-in
food service, fast-food service, gasoline station, auto wash and similar
uses.
DWELLING
A building or portion thereof designed, suitable for, and
used for human habitation.
DWELLING UNIT
A building or portion thereof containing kitchen, bathroom,
dining, sleeping and related facilities necessary and/or incidental
to human habitation, designed and intended as a self-contained household
unit for a single individual or family.
DWELLING, TOWNHOUSE OR ROWHOUSE
Attached one-family dwellings of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
EAF
See "environmental assessment form."
ENVIRONMENTAL ASSESSMENT FORM (EAF)
A form used by an agency to assist it in determining the
environmental significance or nonsignificance of actions. An EAF is
used in the implementation of SEQRA as that term is defined in Part
617 of Title 6 of the New York Codes, Rules and Regulations.
FAMILY
One or more persons occupying a dwelling unit and living
as a single, nonprofit housekeeping unit.
FAMILY CARE FACILITY
Living space in a private home in which a family or individual
cares, on a twenty-four-hour basis, for up to three mentally or physically
disabled children or adults.
FARM
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry, and dairy products.
It includes necessary farm structures and the storage of equipment
used. It excludes the raising of fur-bearing animals, riding academies,
livery or boarding stables and dog kennels.
FLOOD INSURANCE RATE MAP (FIRM)
The current official map on which the Federal Insurance Administration
has delineated the areas of special flood hazard for the Town of Aurora
and incorporated herein by reference.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness measures, flood control works and land use and development
control measures.
FLOODWAY
The channel of a river or other watercourse and 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.
FRANCHISE ARCHITECTURE
A building design that is trademarked or identified with
a particular chain or corporation or is generic in nature.
GARAGE, PRIVATE
An accessory building/structure or portion of a main building
used for the storage of self-propelled vehicles used by the occupants
of the premises, including space for not more than one passenger vehicle
used by others.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public and operated for gain and which is used for the storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
GASOLINE STATION
A drive-in service for the sale of motor fuel, diesel motor
fuel, oil and motor vehicle accessories and which may include facilities
for lubricating, washing or servicing vehicles, but not including
painting or body repairs or the sale of new or used cars. The term
includes "filling station" and "service station."
GROUP RESIDENCE
A group of individuals occupying a single dwelling or dwelling
unit as an integral component of a recognized program of physical
or mental health rehabilitation, or other custodial supervision and
care living arrangement operated by a nonprofit entity, with resident
supervisory personnel. This term shall not include rooming houses,
boardinghouses, nursing homes, dormitories, sorority houses, fraternity
houses, or similar facilities.
HABITABLE FLOOR
Any floor usable for living purposes, including working,
sleeping, eating, cooking or recreation.
HALF STORY
A story under a sloping roof having a ceiling height of seven
feet or more for not exceeding 1/2 the floor area of the uppermost
full story in the building.
HOTEL
A facility containing rooms rented to primarily transient
guests, with parking space convenient to each room, in which guest
units have no cooking facilities but in which meals and accessory
services may be provided. The term includes "motel," "motor inn,"
"motor lodge," and similar designations.
IN-LAW APARTMENT
An owner-occupied, single-family dwelling with a separate
apartment within the dwelling and without a separate entrance that
may include at least one kitchen, one bathroom and one bedroom, to
be occupied solely by a relative of said property owner and not to
be advertised as rental property or sold as a double or duplex.
INDUSTRY
Storage, manufacture, preparation or repair of any article,
substance or commodity.
KENNEL
An establishment in which more than three dogs more than
six months old are housed, groomed, bred, boarded, trained or sold.
LIVESTOCK
Includes but is not limited to horses, cattle, hogs, fowl,
poultry or furred animals.
LOT
A parcel of land occupied or capable of being occupied by
one building and the accessory buildings/structures or uses customarily
incident to it, including such open spaces as are required by this
chapter.
LOT AREA
The total area within the lot lines of a lot, excluding any
street rights-of-way.
LOT DEPTH
The mean distance between the front and rear lot lines, measured
in the general direction of the side lines of the lot.
LOT FRONTAGE
The length of the front lot line measured at the street right-of-way
line.
LOT LINE
The line of record bounding a lot.
LOT LINE, REAR
The lot line opposite and most distant from the front lot
line, or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot line.
LOT WIDTH
A distance between the side lot lines of a lot and parallel
to the front lot line of that lot measured at the minimum required
building setback line.
LOT, CORNER
A lot or parcel of land abutting upon two of more streets
at their intersections or upon two parts of the same street forming
an interior angle of less than 135°.
LOT, MINIMUM AREA OF
The smallest lot area established by this chapter on which
a use or structure may be located in a particular district.
MANUFACTURED HOME
A residential building constructed in an off-site manufacturing facility in accordance with the Federal Manufactured Home Construction and Safety Standards (FMHCSS) established June 16, 1976 and administered by HUD. Such use shall be regulated by Town of Aurora Zoning Code, Chapter
116, §§
116-36 and
116-37.
MEAN HEIGHT
The average of the roof eave height and the height of the
highest point on a roof surface.
MOBILE HOME
A residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards (FMHCSS) on June 16, 1976. Such use shall be regulated by Town of Aurora Zoning Code, Chapter
116, §§
116-36 and
116-37.
MOBILE HOME PARK
An area of land occupied or designed for occupancy by two
or more mobile homes or manufactured homes. Such term also includes
the term "trailer camp" and "trailer park."
MODULAR HOME
A structure intended for residential use and fabricated in
an off-site manufacturing facility in accordance with the New York
State Uniform Fire Prevention and Building Codes.
MOTOR VEHICLE
Every vehicle operated or driven which is propelled by power
other than muscle power, except:
(1)
Electronically driven mobility devices operated or driven by
a person with a disability.
(2)
Vehicles that run on rails or tracks.
(5)
Self-propelled machines used for growing and harvesting of farm
produce.
(6)
Self-propelled caterpillars and crawler-type equipment operated
on a construction site.
NIGHTCLUB
A place of entertainment open at night for eating, drinking,
dancing, etc., and usually having a floor show or live music.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure lawfully existing on the effective
date of this chapter which does not conform to the district regulations
for the dimensions and height of such building or structure or whose
location results in nonconformity as to minimum yard dimensions or
maximum lot coverage.
NONCONFORMING LOT
A lot of record lawfully existing on the effective date of
this chapter that does not meet the district regulations for minimum
area or dimensions.
NONCONFORMING USE
Lawful occupancy of a structure or land by a use that does
not conform to the regulations of the district in which it is situated
at the time of adoption of this chapter or any amendment thereto.
NONPROFIT
A person, firm, partnership, trust, company, corporation,
organization, institution and similar entities so designated as "nonprofit"
or "not-for-profit" by virtue of charter or incorporation and certification
by the Internal Revenue Service.
NURSERY SCHOOL
A facility for daytime care or instruction for two or more
children from two years through seven years old, operated on a regular
basis.
NURSING HOME
A premises on which is provided lodging, meals, and continuing
nursing care for compensation to convalescent or chronically ill persons.
The term "nursing home" shall include a convalescent home or rest
home.
OVERLAY DISTRICT
A mapped zoning district that imposes a set of requirements
in addition to those of the underlying districts.
PARK
Any land and/or associated structures created and maintained
by a municipality for the express use and enjoyment by the general
public for recreational purposes.
PARKING AREA
An area of land, excluding driveways thereto, which is out
of the public right-of-way and is designated for and adequately improved
for the parking and maneuvering of motor vehicles.
PARKING SPACE
The area required for a motor vehicle and sufficient accessibility
for the occupants of said vehicle as stipulated in this chapter.
PERMITTED USE
A specific use noted in Article
III of this chapter for which land, lots, buildings or structures may be used, occupied or maintained under this chapter as a matter of right.
PERSON
A firm, partnership, trust, company, corporation, organization,
institution and similar entities, as well as an individual acting
as owner, lessee, agent or employee.
PLACE OF RELIGIOUS WORSHIP
A specially designed building or structure or consecrated
place where individuals or a group of people such as a congregation
come to preform acts of devotion, veneration or religious study.
POULTRY
Domestic fowls raised for meat or eggs; chickens, turkeys,
ducks, geese, etc., collectively.
PREMISES
A lot, plot or parcel of land, easement or public way, including
any structures thereon.
PRINCIPAL STRUCTURE
The structure in which is conducted the main or principal
use of the lot on which said structure is located. In any residence
district, any dwelling shall be deemed the "principal structure" on
the lot on which it is situated.
PROFESSIONAL OFFICE
The office of a lawyer, doctor, dentist and any person performing
any activity or service licensed pursuant to the provisions of the
Education Law of the State of New York.
PROHIBITED USE
Any use which is not listed as a permitted use, special permit
use or permitted accessory use this chapter shall be considered a
prohibited use hereunder in all zoning districts.
R DISTRICT
A residential district, includes R-1, R-2, R-3, and RR unless
otherwise specified.
RECREATIONAL VEHICLE
A mobile recreational unit, such as a travel trailer, pickup
camper, converted bus, tent trailer, camper trailer or similar vehicle.
RESTAURANT
A permanent building with table or counter and chair facilities
used for the serving of meals to the public.
RIGHT-OF-WAY, PRIVATE
A parcel of land which has a specific owner and some other
party, or the public at large has a legal right or easement to traverse
that land.
RIGHT-OF-WAY, PUBLIC
Land over which the public may travel subject to restrictions
by the government with jurisdiction, whether or not said government
has control of the land by ownership or easement.
ROOMER
A person other than a member of a family or functional family
unit who resides in a rooming house or boardinghouse on a temporary
or seasonal basis. The term includes "lodger" and "boarder."
ROOMING HOUSE or BOARDINGHOUSE
A dwelling unit used for temporary or transient occupancy
purposes by at least three, but not more than 12, individuals or not
constituting a family or functional family unit who pay expenses by
the room or based on a share of total expenses of the dwelling unit.
The term does not include a motel, hotel, group residence, or short-term
rental.
SEQRA
The New York State Environmental Quality Review Act, Article
8 of the Environmental Conservation Law, and its implementing regulation
in Title 6 of New York Codes, Rules and Regulations, Part 617.
SETBACK
The required minimum distance from the street right-of-way
line or any other lot line that established the area within which
a structure must be erected or placed. See "building line."
SHORT-TERM RENTAL
Owner-occupied residence where a dwelling unit or part thereof
is rented for compensation for lodging by an individual(s) for periods
of not less than one night and not more than 30 consecutive days.
SIGN
Any structure or part thereof, or device attached thereto
or painted or represented thereon, which shall display or include
any letter, word, model, banner, flag, pennant, insignia, device or
representation used as or which is in the nature of an announcement,
direction, or advertisement. The word "sign" includes the word "billboard"
but does not include the flag, pennant, or insignia of any nation,
state, city or other political, educational, charitable, philanthropic,
civic, professional, religious, or like campaign, drive, movement,
or event.
SITE PLAN
A drawing of the site, presenting information and accompanied by documentation as specified in Chapter
95.
SPECIAL USE
A use which is authorized subject to requirements imposed
by the Town Board or Zoning Board of Appeals to assure that the proposed
use is in harmony with the law and will not adversely affect the neighborhood.
STABLE, PRIVATE
A stable which is an accessory use for the family which resides
on the premises and on or at which horses, ponies or similar types
of animals are kept or fed, but not for remuneration, sale or hire.
STABLE, PUBLIC
A stable on or at which horses, ponies or similar types of
animals are kept or fed for remuneration, hire or sale.
STOCK-IN-TRADE
Any merchandise (wares, goods, farm produce, etc.) purchased,
made, or otherwise acquired for resale.
STORAGE YARD
An outdoor area where vehicles, equipment, merchandise, raw
materials, or other items are accumulated or stored for an indefinite
period of time.
STORAGE, OUTDOOR
Land used for the keeping of goods, wares or supplies on
land outside of any building or structure. This shall not be construed
as including the activities of junkyards or landfills, as referenced
in the Town Code.
STORY
That part of a building included between the surface of any
floor and the surface of the floor next above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it. A basement shall be counted as a "story" if the ceiling
is more than five feet above the average adjoining ground level or
if used for business or dwelling purposes.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property. This term shall be synonymous
with "road."
STREET LINE
The line which delineates the public right-of-way of a road
or street, as established by the local, county or state agency having
jurisdiction and as shown on the real property Tax Maps of the Town.
STRUCTURAL ALTERATION
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
STRUCTURE
Anything constructed or erected for occupancy or use.
SUBSTANTIAL ALTERATION
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial alteration"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either any project for improvement
of a structure to comply with existing state or local health, sanitary
or safety code specifications which are solely necessary to assure
safe living conditions, or any alteration of a structure listed on
the National Register of Historic Places or a State Inventory of Historic
Places.
TOWNHOUSE
A residential building consisting of a series of individually
owned one-family units having a common party wall between each unit,
with private outside entrances, separate front and rear yards and
separate utilities and located on a separate recorded lot.
USE
The specific purpose for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
USE, ACCESSORY
A use, occupancy or tenancy which is customarily incidental
and subordinate to the principal use, occupancy or tenancy and located
on the same lot or premises.
USE, CHANGE OF
A change in the nature of occupancy or use of any principal
building or structure.
USE, PRINCIPAL
The specific purpose for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
USE, PROHIBITED
Any use which is not listed as a permitted use, special permit
use or permitted accessory use in this chapter shall be considered
a prohibited use hereunder in all zoning districts.
USE, TEMPORARY
One established for a fixed period of time with the intent
to discontinue such use upon the expiration of such time. Such uses
do not involve the construction or alteration of any permanent structure.
VARIANCE
Permission to depart from the literal requirements of the
Zoning Law.
VARIANCE, AREA
The authorization by the Zoning Board of Appeals for the
use of the land in a manner which is not allowed by the dimensional
or physical requirements of the applicable zoning regulations.
VARIANCE, USE
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.
WETLANDS
Areas designated by the New York State Department of Environmental
Conservation as wetlands and those adjacent land areas within 100
feet of the delineated wetland; federal wetlands regulated by the
United States Army Corps of Engineers; and any locally protected wetlands.
YARD
An open space that lies between the principal or accessory
building/structure and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward by any structure or building,
except as may be specifically provided in the zoning local law.
YARD, FRONT
A space extending the full width of the lot between a principal
building and the front lot line unoccupied and unobstructed by buildings
or structures from the ground upward, the depth of which shall be
the least distance between the front lot line and the front of such
principal building.
YARD, REAR
An open space extending the full width of the lot between
the principal building and the rear lot line, unoccupied and unobstructed
from the ground upward except as hereinafter specified, the depth
of which shall be the least distance between the rear lot line and
the rear of such principal building.
YARD, SIDE
A space extending from the front yard to the rear yard between
the principal building and the side lot line, unoccupied and unobstructed
from the ground upward except as hereinafter specified. The required
width of side yards shall be measured horizontally from the nearest
point in the side lot line to the nearest building.
ZERO LOT LINE
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.