[Amended 3-24-1999 by L.L. No. 1-1999]
Words used in the present tense include the
future. The singular number includes the plural and the plural the
singular. The word "lot" includes the word "plot." The term "occupied"
or "used," as applied to any building, shall be construed as though
followed by the words "or intended, arranged or designed to be occupied
or used."
[Amended 7-24-1991 by L.L. No. 1-1991; 7-10-1996 by L.L. No. 4-1996; 3-24-1999 by L.L. No.
1-1999; 11-14-2001 by L.L. No. 8-2001; 7-13-2022 by L.L. No. 2-2022]
Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meanings herein
indicated:
A building clearly incidental or subordinate to, and customary
in connection with, the principal building on the same lot.
Each bed, bunk, cot or other arrangement for sleeping by
a single person or family shall be an accommodation unit.
Extension or increase in area, height or equipment of a building.
The commercial cultivation of soil for food products or other
useful or valuable growths in the field or garden, exclusive of facilities
for display of products and marketing on the premises, whether wholesale
or resale. Agriculture shall be deemed also to include those uses
further outlined in NYS Agriculture and Markets Law § 301,
including, but not limited to, maple sap, timber operations, horticulture,
livestock and livestock products, field crops, and fruits.
Any change, rearrangement or addition to a building, other
than repairs; any modification in construction or in building equipment.
BREEDERAny person, business, or principal operation of a business that breeds nine or more cats or dogs per year.
GROOMINGAny person or business that engages in commercial grooming, cleaning, styling, or other nonmedical services to domestic animals at a commercial building, mobile unit, or place of residence and may include temporary boarding facilities for no more than 24 hours.
KENNEL/BOARDINGAny building, structure or premises in which the primary use is where more than five domestic animals are kept, boarded or trained involving compensation of any kind for more than 24 hours.
VETERINARYA facility or business involved in the medical treatment of animals, which may include incidental boarding facilities.
A dwelling occupied by the owner thereof in which overnight
accommodations are provided for transient guests for compensation.
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing elsewhere than upon the same
lot where such sign is displayed or only incidentally upon such lot.
An establishment that brews beer on the premises or at a
production facility of a related entity for sale and consumption on-site,
which may also include the preparation, sale, and on-site consumption
of food.
Any combination of materials forming any construction, except
where entirely underground, so as to permit the use of the ground
above the same as if no building was present. The term "building"
shall include the term "structure" as well as the following:
Walls other than retaining walls projecting above the ground
not more than three feet at the higher ground level and not more than
6 1/2 feet at the lower ground level.
Radio and television receiving and transmitting towers and antennas,
except for such antennas installed on the roof of a building and extending
not more than 20 feet above the highest level of the roof of such
building.
Porches, outdoor bins and other similar structures.
One or more temporary or permanent tents, buildings or structures,
together with the lot or tract of land appertaining thereto, established
or maintained as living quarters for temporary occupancy and normally
not arranged or intended for such occupancy except during the period
or part of the period from April 1 to October 1 in any year.
Any space in a building the structural ceiling level of which
is less than four feet above the average finished grade where such
grade abuts that exterior wall of such building which fronts on any
street. A cellar shall not be considered in determining the permissible
number of stories.
A building, structure, lot or land area used as a private
club or social organization with annual membership dues and not conducted
for profit or gain.
Any recreational facility in private ownership requiring
compensation or admission fees for the use thereof, other than accessory
to single-family residential uses.
As defined in § 272-a of the Town Law.
A building facility utilized for the purpose of aiding or
assisting the recovery of health and/or rehabilitation following sickness.
Any unobstructed open area bounded on three or more sides
by the walls of a building or buildings, not including any such area
with no windows opening upon it except windows on a stairway. An inner
court does not extend to a street or yard; an outer court extends
to a street or yard.
The percentage of the area of the lot covered by a building
or buildings.
The percentage of a lot covered by buildings, parking areas,
accessory structures and any impervious materials.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
An area designated on the Zoning Map recognizing unique characteristics
of land which require modification of the use and bulk regulations
of the primary district.
A zoning district within which a uniform set of bulk and
use regulations is applied to protect the public health, welfare and
safety and as a means of implementing the Comprehensive Plan for the
Town of Eden.
Various species of animals, such as cats, dogs, hamsters
and the like, which normally and conventionally board in residential
dwellings or adjacent thereto.
Any area, lot or parcel for the storage or abandonment of
refuse.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, having no enclosed space
(other than vestibules, entrance or other hallways or porches) or
cooking or sanitary facilities in common with any other dwelling unit.
A trailer, boardinghouse or rooming house, convalescent home, fraternity
or sorority house, hotel, inn, lodging, nursing or other similar home
or other similar structure shall not be deemed to constitute a dwelling
unit.
A structure containing three or more dwelling units which
have a common floor/ceiling separating one dwelling unit from another,
in addition to common or party walls between units.
A structure containing three or more dwelling units.
A detached building containing one dwelling unit only.
A one-family dwelling having one party wall separating it
from another one-family dwelling, each dwelling being situate on a
separate lot.
A one-family dwelling with two common or party walls separating
it from adjacent units on both sides.
A detached building containing two dwelling units only on
one lot.
The architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view from
a public way, including kind, color and texture of building materials
and type of all windows, doors, lights, signs and other fixtures appurtenant
to such portion.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit.
The elevation of floodwaters in the 100-year flood.
A flood the magnitude of which is likely to occur once every
100 years (i.e., that has a one-percent probability of occurring each
year).
The land area adjoining a river, stream, watercourse or lake
which is likely to be flooded.
The channel of a river or another watercourse and the adjacent
land areas required to carry and discharge a flood.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, breezeways, unheated porches, cellars, heater
rooms and basements having a window area of less than 10% of the square
foot area of the room. Usable floor area shall include all spaces
not otherwise excluded above, such as principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any rooms
within the dwelling unit and all attic space having a clear height
of six feet from finished floor level to pitch of roof rafter or with
a clear height of seven feet six inches from finished floor level
to ceiling level over 50% of the area of such attic space.
The location of a parcel of land with respect to improved
and accepted access.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein and no space therein for more than one car is leased
to a nonresident of the premises.
Any garage, other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
A building or other structure or a tract of land used or
heretofore used primarily for the servicing of motor vehicles. It
shall signify a retail place of business engaged primarily in the
sale of motor fuels and also in supplying goods and services generally
required in the operation and maintenance of motor vehicles, to include
sale of petroleum products, sale and servicing of tires, batteries,
automotive accessories and replacement items, washing and lubrication
services and the performance of routine automotive maintenance and
repairs.
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure, excluding
a chimney.
Any use accessory to the principal use in which property
owners are engaged in personal farming activities and are not involved
in commercial operations or retail sales as a means of primary income.
Any gainful personal service occupation customarily conducted
within a dwelling unit or an accessory structure in a residential
district which is clearly incidental and subordinate to its use for
residential purposes by the occupant thereof. Home occupations shall
not be construed to include uses such as the following: a clinic or
hospital, restaurant, animal hospital or the selling at retail from
the premises of goods not produced by the residents thereof.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanitarium, clinic, convalescent home, nursing
home, rest home or other building with an equivalent appellation.
A building or buildings containing accommodation units for
housing transient guests for compensation.
Any area of land, including buildings thereon, which is used
primarily for the collecting, storage and/or sale of wastepaper, rags,
scrap metal or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof. Two or more motor vehicles stored
outside without current license plates for a period of 30 days shall
constitute a junkyard.
A building for experimentation in pure or applied research,
design, development and production of prototype machines or of new
products and uses accessory thereto, wherein products are not manufactured
primarily for wholesale or retail sale; wherein commercial servicing
or repair of commercial products is not performed; and wherein there
is no display of any material or products. A laboratory shall meet
the same performance standards as nonnuisance industry.
Animals, including but not limited to domestic animals, such
as sheep, horses, cattle and goats.
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings accessory thereto, if any, together with the
required open spaces appurtenant to such building or group of buildings.
The gross horizontal area between the lot lines adjusted
as follows:
No more than 10% of the lot area may consist of land with slopes
equal to or greater than one foot vertical in three feet horizontal,
land underwater more than three months of the year and land in easements
precluding construction of buildings.
No more than 10% of the lot area may be comprised by land with
a horizontal dimension between boundary lines of 50 feet or less.
Lot area consisting of soils classified by the United States
Soil Conservation Service as alluvial, poorly drained, very poorly
drained or unstable shall be considered as counting for 0.75 square
feet of lot area for each 1.0 square foot of gross lot area.
In any Conservation or Agricultural District, the minimum size
of the lot for a dwelling in existence since May 11, 1977, and conveyed
for use as a dwelling need not exceed one acre per dwelling unit except
to the extent required for an approved septic system.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line. If the
rear lot line is less than 10 feet in length, or if the lot comes
to a point in the rear, the rear lot line shall be deemed to be a
line parallel to the front lot line not less than 10 feet long lying
farthest from the front lot line.
The average distance between side lot lines from the front
yard or building line and measured at right angles to the side lot
lines or along a line parallel to the street, to the rear lot line
or line conforming to the lot depth, whichever results in a lesser
average.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
The largest area found by the projection of a horizontal
plane through the livable floor area which is enclosed by the exterior
walls of the building.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged
in quantity.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled such that
no chemical or compressive processes are required and whose finished
size does not exceed 40 cubic feet or weigh in excess of 2,000 pounds
per unit.
Any facility in which two or more physicians and/or dentists
practice cooperatively for the diagnosis and treatment of patients.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length or, when erected on site, is 320 or more square
feet and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to required utilities, and includes the plumbing, heating, air-conditioning
and electrical systems contained therein.
Any establishment consisting of a building or group of buildings
providing living and/or sleeping accommodations with individual bathrooms
and designed for use by transient automobile travelers and provided
with accessory off-street parking areas. The term "motor lodge" includes
buildings designated as tourist courts, overnight cabins and other
similar appellations, but shall not be construed to include a trailer
or mobile home.
Any building which contains a use permitted in the district
in which it is located but does not conform to the district regulations
for lot area, width or depth; front, side or rear yards; maximum height;
lot coverage; or minimum livable floor area per dwelling unit.
Any use of a building or structure, lot or land, or part
thereof, lawfully existing at the effective date of this chapter or
any amendment thereto affecting such use which does not conform to
the use regulations of this chapter for the district in which it is
located.
The Official Map adopted and established by the Town Board
of that part of the Town outside of the limits of any incorporated
village, showing the streets, highways, parks and drainage systems
laid out on such map, including any references to more detailed maps
and studies. The Official Map is final and conclusive with respect
to the location and width of streets, highways, drainage systems and
parks shown thereon, and the Official Map is hereby declared to be
established to conserve and protect the public health, safety and
general welfare.
Includes all vested or contingent interests of any person
or his or her agent, representative, successor or assignee, and irrespective
of whether or not such interest is recorded, in the following circumstances:
Direct ownership by such person or his or her child, parent,
sibling or spouse of sibling, heir or next of kin or agent, corporation,
firm, entity, partnership or unincorporated association.
Property owned by different corporations, firms, partnerships,
entities or unincorporated associations in which such a person is
a stockholder, a partner or associate or his or her child, parent,
sibling or spouse of sibling, heir or next of kin owns a 10% or greater
interest in each corporation, firm, partnership, entity or unincorporated
association.
When such person or his or her estate, successors, or assigns, or any person or entity included in Subsections A and B herein, may be materially or substantively affected by the relief sought or by any determination made in any proceeding sought before any board, body, commission or agency of the Town of Eden, whether or not such person is a party to such application or proceeding and whether or not such person appears on the record of such proceeding.
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money and/or other consideration.
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
Any individual, firm, company, association, society, corporation
or group.
Any commercial facility in which the product offered is the
work or action performed, as in shoe repair shops and typewriter repair
facilities.
A development in accordance with a single plan for compatible
land uses and the placement of buildings which may not correspond
to the bulk, yard and height regulations of this code.
Any man-made body of water (other than a store-bought, pre-fab
type of decorative reservoir or basin), with a surface area greater
than 100 square feet and/or a depth of more than 18 inches.
A building in which is conducted the main or principal use
of the lot on which said building is located. Where more than one
use is on a lot, the lower or more intense use of the lot shall be
considered the principal use.
Any place where stone, sand, gravel, minerals or other natural
material, except topsoil, is removed for the purpose of sale or any
other commercial purpose, other than such as may be incidental to
excavating or regrading in connection with or in anticipation of building
development or landscaping on the site.
Replacement or renewal, excluding additions, of any part
of a building, structure, device, or equipment, with like or similar
materials or parts, for the purpose of maintenance, preservation or
restoration of such building, structure, device or equipment.
Any gainful professional occupation conducted within the
dwelling in a residential district by the residents thereof, clearly
secondary to the use of the dwelling for living purposes, and that
does not change the character of the structure as a residence. Not
more than one nonresident may be employed as an assistant or associate,
and only occupations which are of recognized professions, including
medicine, law, dentistry, engineering, architecture, community planning,
landscape architecture, land surveying, accounting, insurance, real
estate, teachers of music, art or dance (limited to not more than
four students at one time) or photography, shall be permitted.
Any structure designed, intended as, or used in whole or
primarily for the retail sale of food and/or beverages for on-site
consumption within a building or elsewhere on the premises.
Facility for seasonal or year-round sales of agricultural
products predominantly grown or raised on the site or other properties
owned or leased by the farm operator and pre-packaged goods processed
from on-site agricultural production. Facilities for the on-site preparation/processing
of such products may be included.
Retail store selling art, glass, ceramics, jewelry, crafts,
and other similar handcrafted items, where the facility includes an
area for the crafting of the items being sold.
Any nonpublic school conducting a regularly scheduled comprehensive
curriculum of study and operated by nonstock corporations under the
Education Law of the State of New York.
Sewage disposal and water supply systems designed and constructed
to standards required for municipally operated systems and approved
by the Town Board.
A dwelling unit, which may or may not be inhabited by the
owner of record or their immediate family member, that is rented,
in whole or in part, for a temporary period of time set forth in this
chapter to any person or entity, but including a hotel, motel, inn,
campground, or bed-and-breakfast.
Any structure or part thereof, or any device attached to
a building or painted or represented thereon, which shall display
or include any letter, word, model, banner, pennant, insignia, device,
trade flag or representation which is in the nature of or which is
used as an announcement, direction or advertisement, for commercial
purposes or otherwise. A sign includes a billboard and a neon tube,
string of lights or similar device outlining or hung upon any part
of a building or lot, but does not include the flag or insignia of
any nation or group of nations or of any governmental agency, educational,
charitable, philanthropic, civic, professional, religious or like
(political) campaign, drive, movement or event. Excluded from this
definition are signs which are solely devoted to prohibiting trespassing,
hunting or fishing.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined, all of the
area of such plate or the area enclosed by such frame or outline shall
be included.
When such sign consists only of letters, designs or figures
engraved, painted, projected or in any manner affixed on a wall, the
total area of such sign shall be deemed the area within which all
of the matter of which such sign consists may be inscribed.
The area of a building wall fronting on a street, not including
doors and windows.
Useless, unwanted or discarded material with insufficient
liquid content to be free flowing.
AGRICULTURALSolid waste that results from the raising and slaughtering of animals and the processing of animal products and orchard and field crops.
COMMERCIALWaste generated by stores, offices and other activities that do not actually turn out a product.
INDUSTRIALWastes that result from industrial processes and manufacturing.
INSTITUTIONALWaste originating from educational, health care and research facilities.
MUNICIPALResidential and commercial solid waste generated within a community.
PESTICIDEThe residue from the manufacturing, handling or use of chemicals intended for killing plant and animal pests.
RESIDENTIALWaste that normally originates in a residential environment, sometimes called "domestic solid waste."
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
A street, improved to the satisfaction of the Planning Board,
which is one of the following: an existing Town, county or state highway
or street; a street shown on an approved subdivision final plat; a
street shown on a map filed with the County Clerk (in accordance with
§ 280-a of the Town Law) prior to Planning Board authorization
to review subdivisions; or a street shown on the Official Map of the
Town.
The line between the street and a lot or a line established
by the Official Map as the street right-of-way, whether or not in
public ownership.
Any change in the supporting members of a building, such
as beams, columns or girders.
A combination of materials to form a construction that is
safe and stable and includes, among other things, stadiums, platforms,
radio towers, sheds, storage bins, gates, posts, capitals, pillars,
billboards and display signs.
A single-family detached dwelling which is arranged, designed
and intended to be used or occupied only during the period or part
of the period from April 1 to December 1 in any year.
Any constructed body of water or structure to contain water
and any accessory buildings or equipment pertaining thereto used or
intended to be used for swimming or bathing by any family or persons
residing on the premises and their guests. It shall not be operated
for gain and shall be located on a lot only as an accessory use to
the dwelling thereon, to a membership club or to a motel or hotel.
Any constructed body of water or structure to contain water
and any accessory buildings or equipment pertaining thereto which
are operated for profit or gain and are used or intended to be used
for swimming or bathing by persons who pay admission on a daily, weekly
or other basis, including season tickets.
Any change in the configuration of a surface area, including
its relief, relative elevations and position of natural or man-made
features, except those changes incidental to or normally part of agricultural
operations or home gardening. In all cases, removal of trees over
eight inches in diameter measured three feet above the ground shall
be considered a topographical alteration.
The duly designated attorney or legal advisor of the Town
of Eden.
Any vehicle mounted on wheels movable either by its own power
or by being drawn by another vehicle and equipped to be used for living
or sleeping quarters and designed to be used for travel or camping
purposes. This definition is intended to include recreational vehicles.
A driveway on a single lot by which vehicles can completely
turn around so that the vehicles need not back onto the adjoining
highway.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet and which is available
and accessible to all occupants of the buildings on said lot for purposes
of active or passive outdoor recreation.
The specific purpose for which land or a building is used
or a building is used or occupied or maintained.
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use is conducted in a principal
or accessory building, or open space.
A line drawn parallel to a street or lot line at a distance
therefrom equal to the representative yard dimension required by this
chapter.
An unoccupied ground area fully open to the sky between the
street line, or the street line established by the Official Map of
the Town or an approved subdivision plat, and a line drawn parallel
thereto.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line other than a street or rear lot line and a line drawn
parallel thereto between the front and rear yards.
