A.Â
Generally. Words used in the present tense include
the future, and the singular includes the plural; the work "lot" includes
"plot"; the word "building" includes "structure"; the word "shall"
is mandatory; the word "may" is permissive; "occupied" or "used" shall
be considered as though followed by "or intended, arranged or designed
to be used or occupied"; "person" includes "individual," "partnership,"
"association," "corporation," "company" or "organization."
[Amended 2-4-1997 by L.L. No. 1-1997]
B.Â
ABANDONMENT
ACCESSORY STRUCTURE
ACCESSORY USE
ADDITION
ADULT ARCADE
ADULT BOOKSTORE
(1)Â
(a)Â
(b)Â
(2)Â
ADULT CABARET
(1)Â
(2)Â
(3)Â
ADULT MOTEL
(1)Â
(2)Â
(3)Â
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USES
ADULT VIDEO STORE
ALLEY
ALTERATION
ANTENNA
APARTMENT
APARTMENT, ACCESSORY
APARTMENT, EFFICIENCY
APARTMENT HOUSE
APARTMENT, STUDIO
AREA, LIVABLE
BASEMENT
BEDROOM
BILLBOARD
BUFFER AREA
BUILDING
BUILDING, ACCESSORY
BUILDING INSPECTOR
BUILDING LINE
CANNABIS FACILITY
(1)Â
(2)Â
CELLAR
CHILD-CARE FACILITIES
(1)Â
(2)Â
(3)Â
CHURCH OR PLACE OF RELIGIOUS WORSHIP
CLUSTER DEVELOPMENT
CONDITIONAL USE
CONDOMINIUM
CONGREGATE HOUSING
DENSITY
DEVELOPMENT
DOG KENNEL
DWELLING
(1)Â
(2)Â
(3)Â
DWELLING UNIT
ESCORT
ESCORT AGENCY
ESTABLISHMENT
(1)Â
(2)Â
(3)Â
(4)Â
FAMILY
FARM
FENCE
FENCE, BOUNDARY
FENCE, DECORATIVE
FENCE, PRIVACY
FENCE, SAFETY
GARAGE, PRIVATE
GARAGE, PRIVATE, DETACHED
GARAGE, PUBLIC
GASOLINE SERVICE STATION
GROUP HOME FOR THE HANDICAPPED
HEIGHT, BUILDING
HOME OCCUPATION
HOUSING FOR THE ELDERLY/SENIOR APARTMENTS
IMPERVIOUS SURFACE
JUNK VEHICLE
LIFE CARE FACILITY
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT, FLAG
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, NONCONFORMING
LOT OF RECORD
LOT, SUBSTANDARD
LOT, THROUGH
LOT WIDTH
MARINA
(1)Â
(2)Â
(3)Â
MOBILE HOME
MOBILE HOME COURT or MOBILE HOME PARK
MULTIPLE-DWELLING
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
MULTIPLE STORY BUILDING
NONCONFORMING BUILDING
NONCONFORMING LOT OF RECORD
NONCONFORMING USE
NUDE MODEL STUDIO
NUDITY
OPEN DEVELOPMENT
OUTDOOR STORAGE
PARCEL
PARKING SPACE
PERSON
PRINCIPAL BUILDING
PRINCIPAL BUSINESS PURPOSE
PRINCIPAL USE
PRIVATE CLUB
RADIO AND/OR TELEVISION ANTENNA STRUCTURE
RAMP, TEMPORARY
RESIDENCE
RESIDENTIAL BUILDING, ONE-STORY
ROOMING HOUSE
SATELLITE DISH ANTENNA
SCREENING
SEMINUDE
SETBACK
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SHOPPING PLAZA
SIGN AREA
SIGN, DIRECTIONAL
SIGN, FLASHING
SIGN, ILLUMINATED
SIGN, OUTDOOR ADVERTISING DISPLAY
SIGN, PORTABLE
SIGN, TEMPORARY
SIGN, TENANT
SIGN, WALL
SIGN, WINDOW
SITE PLAN
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)Â
(2)Â
(3)Â
(4)Â
STATE OF NUDITY
STORY
STREET
STREET LINE
STREET RIGHT-OF-WAY
STRUCTURE
STRUCTURAL ALTERATIONS
SUBDIVISION
SUBSTANTIAL ENLARGEMENT
SWALE
SWIMMING POOL
TAKE-OUT FOOD BUSINESS
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(2)Â
TINY HOUSE
TOWNHOUSE
TRAILER, CAMPING
TRAILER, TRAVEL or TRAILER, HOUSE
TRANSFER OF OWNERSHIP OR CONTROL
(1)Â
(2)Â
(3)Â
TRANSITIONAL USE
TREED LOTS
TRUCK, CAMPER
(1)Â
(2)Â
USE
USE, CHANGE OF
USE, PRINCIPAL
USE, TEMPORARY
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZERO LOT LINE
ZONE
Specific terms. When used in this chapter, unless
otherwise expressly stated or unless the context or subject matter
otherwise requires, the following words shall have the meanings therein:
To cease or discontinue a use or activity without intent
to resume, excluding temporary or short-term interruptions to a use
or activity during periods of remodeling, maintaining or otherwise
improving or rearranging a facility or during normal periods of vacation
or seasonal closure.
[Added 2-4-1997 by L.L. No. 1-1997]
A subordinate structure, detached from but located on the
same lot as the principal structure, the use of which is customarily
incidental and accessory to that of the principal structure. Said
structure shall be subordinate and/or lesser in area, extent and purpose
to the principal structure or principal use.
[Amended 2-4-1997 by L.L. No. 1-1997; 7-7-2007 by L.L. No. 4-2007; 1-19-2021 by L.L. No. 1-2021]
A use that is subordinate and customarily incidental to and
on the same lot as the principal use or occupancy of a building or
lot (see also "home occupation"). Said use shall be subordinate and/or
lesser in area, extent and purpose to the principal use served, and
shall meet all applicable requirements of § 235-13.1 regarding
accessory uses.
[Amended 2-4-1997 by L.L. No. 1-1997; 7-17-2007 by L.L. No. 4-2007]
An extension or increase in area or height of a building.
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 specified sexual activities or specified anatomical areas.
[Added 5-2-1995 by L.L. No. 9-1995]
[Added 5-2-1995 by L.L. No. 9-1995]
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion picture, videocassettes or video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas;
or
Instruments, devices or paraphernalia 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 defined 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 of the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
[Added 5-2-1995 by L.L. No. 9-1995]
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, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.
A hotel, motel or similar commercial establishment which:
[Added 5-2-1995 by L.L. No. 9-1995]
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way which advertises
the availability of this adult-type of photographic reproductions;
Offers sleeping room for rent for a period of
time that is less than 10 hours; or
Allows a tenant or occupant of a sleeping room
to subrent the room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion picture, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
[Added 5-2-1995 by L.L. No. 9-1995]
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.
[Added 5-2-1995 by L.L. No. 9-1995]
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios and sexual encounter centers.
[Added 5-2-1995 by L.L. No. 9-1995]
See "adult bookstore."
[Added 5-2-1995 by L.L. No. 9-1995]
A narrow supplementary thoroughfare for the public use of
vehicles or pedestrians, affording access to abutting property.
Any change, rearrangement or addition to a building, other
than repairs, or any modification in construction or in building
equipment.
Any system of wires, poles, rods, reflecting discs or similar
devices used for the transmission or reception of electromagnetic
waves external to or attached to the exterior of any building.
[Added 2-4-1997 by L.L. No. 1-1997]
A dwelling unit in a building comprising more than three
dwelling units, each of which has an entrance to a hallway or balcony
in common with at least one other dwelling unit.
[Amended 2-4-1997 by L.L. No. 1-1997]
A separate and complete dwelling unit that is contained within
the structure of a single-family dwelling unit.
[Added 2-4-1997 by L.L. No. 1-1997]
A dwelling unit without a separate and distinct room for
sleeping.
[Added 2-4-1997 by L.L. No. 1-1997]
A building containing primarily apartments (see also "multiple
dwelling").
A dwelling unit that has no separate bedroom and is designed
to be used by not more than two persons.
The area of finished floors of a dwelling, excluding cellars,
garages, breezeways, unenclosed porches, attics or basements not designed
for human occupancy. Measurement of livable floor area shall be made
from exterior faces of exterior walls or from center lines of party
walls.
That space of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
A room in a dwelling unit planned and intended for sleeping,
separable from other rooms by a doorway.
[Added 2-4-1997 by L.L. No. 1-1997]
Any outdoor sign, advertising medium, structure or device
which advertises, directs or calls attention to any business, article,
substance, service or any other thing which is painted, printed, pasted,
posted or affixed to any building, wall, fence, railing, natural object
or structure of any kind on real property or upon the ground itself.
A landscaped area intended to separate and/or partially obstruct
the view of two adjacent land uses or properties from one another.
[Added 2-4-1997 by L.L. No. 1-1997]
A structure having a roof supported by columns or walls and
intended for the shelter, housing or enclosure of a space.
[Amended 2-4-1997 by L.L. No. 1-1997]
A subordinate building or portion of the main building on
a lot, the use of which is customarily incidental to that of the main
or principal building (see also "accessory structure").[1]
The Town officer designated by the Town Board of the Town
of Irondequoit to administer the provisions of this chapter.
The line of the building most nearly facing the front, rear
or side line of the lot. Such building lines shall include sun parlors,
garages, covered porches and covered walking patios, terraces, entrances
and balconies, whether enclosed or unenclosed, but does not include
steps or overhanging eaves under two feet in width.
A cannabis retail dispensary or on-site cannabis consumption
facility. (Note: This definition does not include cannabidiol stores
or other facilities that do not require a license from the New York
Office of Cannabis Management.)
[Added 8-16-2022 by L.L. No. 4-2022]
CANNABIS RETAIL DISPENSARYA retail facility for the sale of cannabis products that requires an adult-use cannabis retail dispensary license from the New York Office of Cannabis Management pursuant to the New York Marihuana Regulation and Taxation Act (MRTA.)
ON-SITE CANNABIS CONSUMPTION FACILITYA facility for the on-site consumption of cannabis products that requires an adult-use on-site consumption license from the New York Office of Cannabis Management pursuant to the New York Marihuana Regulation and Taxation Act (MRTA.)
That space of a building that is partly or entirely below
grade and which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
[Added 2-4-1997 by L.L. No. 1-1997]
CHILD-CARE CENTERA building or structure where care, protection and supervision are provided on a regular schedule to more than 12 children.
CHILD-CARE FACILITY, GROUPA private residence, certified pursuant to New York State Law, where care, protection and supervision are provided on a regular schedule to at least seven and no more than 12 children, including children of the adult provider.
CHILD-CARE HOME, FAMILYA private residence, certified pursuant to New York State Law, where care, protection and supervision are provided on a regular schedule with no more than six children, including the children of the adult provider.
An institution that people regularly attend to participate
in or hold religious services, meetings and other activities. The
term "church" shall not carry a secular connotation and shall include
buildings in which the religious services of any denomination are
held.
[Added 2-4-1997 by L.L. No. 1-1997]
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive areas.
[Added 2-4-1997 by L.L. No. 1-1997]
A use that would not be appropriate generally or without
restriction throughout the zoning district, but which, if controlled
as to number, area, location or relation to the neighborhood, would
not be detrimental to public health, safety or general welfare.
[Added 2-4-1997 by L.L. No. 1-1997]
A system of separate ownership of individual dwelling units
in a multiple-unit building. Each unit, together with its common interest,
shall, for all purposes, constitute real property.
A residential facility for four or more elderly persons (age
55 or older) within which are provided living and sleeping facilities,
meal preparation and laundry services and room cleaning. Such facilities
may also provide other services, such as transportation for routing
social and medical appointments and counseling (see also "housing
for the elderly/senior apartments").
[Added 2-4-1997 by L.L. No. 1-1997]
The number of dwelling units per acre.
[Added 2-4-1997 by L.L. No. 1-1997]
The division of land into two or more parcels; the construction,
conversion, structural alteration, relocation or enlargement of any
structure; any mining, excavation, landfill or land disturbance; and
any use or extension of the use of land.
[Added 2-4-1997 by L.L. No. 1-1997]
A structure used for the keeping of more than two dogs that
are more than six months old.
A building or portion thereof used exclusively for residential
purposes, including one-, two- and multiple-family dwellings, but
not including hotels and boarding- and lodging houses.
[Amended 2-4-1997 by L.L. No. 1-1997; 3-19-2015 by L.L. No.
2-2015]
DWELLING, MULTIFAMILYA detached residential building containing two or more dwelling units, including what is commonly known as an "apartment building," but not including group, row, or townhouses.
DWELLING, GROUP, ROW AND TOWNHOUSESA residential building containing dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings.
DWELLING, SINGLE-FAMILYA residential building containing not more than one dwelling unit entirely surrounded by open space on the same lot.
A complete self-contained residential unit, with living,
sleeping, cooking and sanitary facilities within the unit, for use
by one family.
[Amended 2-4-1997 by L.L. No. 1-1997]
A person who, for consideration, agrees or offers to act
as a companion, guide or date of another person or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
[Added 5-2-1995 by L.L. No. 9-1995]
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
[Added 5-2-1995 by L.L. No. 9-1995]
Any of the following:
[Added 5-2-1995 by L.L. No. 9-1995]
The opening or commencement of any sexually
oriented business as a new business;
The conversion of an existing business, whether
or not a sexually oriented business, to any sexually oriented business;
The additions of any sexually oriented business
to any other existing sexually oriented business; or
The relocation of any sexually oriented business.
Any number of individuals living together as a single housekeeping
unit and doing their cooking on premises, as distinguished from a
group occupying a boarding- or rooming house or hotel.
[Amended 2-4-1997 by L.L. No. 1-1997]
Any parcel of land in excess of three acres which is used
for gain in the raising of agricultural products, livestock, poultry
or dairy products. It excludes the raising of fur-bearing animals,
livery or boarding stables, dog kennels and the raising of livestock
and poultry exclusively for sale and slaughter and fed principally
with products bought in the open market.
An artificially constructed enclosure or barrier or any material
or combination of materials, but not including a hedge or other natural
growth, erected to enclose or screen areas of land. A "fence" shall
be considered an accessory structure for the purposes of this chapter.
[Amended 2-4-1997 by L.L. No. 1-1997]
A fence located on or near property lines to enclose a parcel
of land. A "boundary fence" shall include any part of a fence that
is generally parallel to the lot lines and is located within the required
minimum depth of yard or setbacks for principal structures, whichever
is less.
[Added 2-4-1997 by L.L. No. 1-1997]
A fence located in a front or side yard with the principal
purpose of providing an attractive appearance of all front yards along
a residential streets.
[Added 2-4-1997 by L.L. No. 1-1997]
Any fence located within the buildable area of residential
lots and generally intended to divide portions of a lot into outdoor
living areas and block public view.
[Added 2-4-1997 by L.L. No. 1-1997]
Any fence with the principal purpose of providing a safety
barrier to danger inside or beyond the fenced area or to enclose an
attractive nuisance.[2]
[Added 2-4-1997 by L.L. No. 1-1997]
A building for the private use of the owner or occupant of
a principal building situated on the same lot or the principal building
for the storage of motor vehicles with no facilities for mechanical
service or repairs of a commercial or public nature.
[Added 2-4-1997 by L.L. No. 1-1997]
A building erected on a residential lot, not physically attached
to the residential building located on such lot, for an accessory
use.
[Amended 2-4-1997 by L.L. No. 1-1997]
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.
Any area of land, including structures thereon, that is used
for the supply and sale of gasoline and oil or other fuel for the
propulsion of motor vehicles or motorboats and which may include facilities
used for polishing, greasing, washing, spraying, cleaning or otherwise
servicing such motor vehicles or motorboats.
A dwelling shared by four or more handicapped persons, including
resident staff, who live together as a single housekeeping unit and
in a long-term family-like environment in which staff persons provide
care, education and participation in community activities for the
residents, with the primary goal of enabling the residents to live
as independently as possible in order to reach their maximum potential.
As used herein, "handicapped" shall mean having a physical or mental
impairment that substantially limits one or more of such person's
major life activities so that such person in incapable of living independently;
a record of having such an impairment; or being regarded as having
such an impairment. However, "handicapped" shall not include current
illegal use of or addiction to a controlled substance, nor shall
it include any person whose residency in the home would constitute
a direct threat to the health and safety of other individuals. The
term "group home for the handicapped" shall not include alcoholism
or drug treatment centers, work release facilities for convicts or
ex-convicts or other housing facilities serving as an alternative
to incarceration (see also "family").
[Added 2-4-1997 by L.L. No. 1-1997]
[Added 2-4-1997 by L.L. No. 1-1997; amended 1-19-2021 by L.L. No. 1-2021]
An accessory use of a dwelling unit for gainful employment
which is:
[Added 2-4-1997 by L.L. No. 1-1997; amended 2-17-2009 by L.L. No. 1-2009]
Multifamily dwelling units occupied by persons 55 years of
age or older. In the case of double occupancy of a unit, only one
resident is required to be at least 55 years of age. The housing must
be self-contained and physically accessible to elderly citizens.
[Added 2-4-1997 by L.L. No. 1-1997]
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
It includes surfaces such as most conventionally surfaced streets,
roofs, sidewalks, parking lots and other similar structures.
[Added 2-4-1997 by L.L. No. 1-1997]
Any motor vehicle that is without a current registration
of the State of New York, or any other state, and license plates of
the State of New York or any other state attached and without insurance
and current inspection and/or old, wrecked, discarded, abandoned or
dismantled or partially dismantled and is in such deteriorated condition
that it cannot be legally operated upon the public highway without
substantial repairs. With respect to any motor vehicle not required
to be licensed or motor vehicles not usually used on public highways,
the fact that such motor vehicle has remained unused for more than
seven days and is not in condition to be moved under its own power
shall be presumptive evidence that such motor vehicle is a "junked
motor vehicle."
[Added 2-4-1997 by L.L. No. 1-1997]
A facility for the transitional residency of elderly and/or
disabled persons, progressing from independent living in single-family
units to congregate apartment living where residents share common
meals and culminating in a full health and continuing care nursing
home facility (see also "congregate housing" and "housing for the
elderly").
[Added 2-4-1997 by L.L. No. 1-1997]
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
[Amended 2-4-1997 by L.L. No. 1-1997]
The area of a horizontal plane bounded by the vertical planes
through front, side and rear lot lines.
[Added 2-4-1997 by L.L. No. 1-1997]
A lot abutting on and at the intersection of two or more
streets. On a "corner lot," all street lines shall be deemed front
lot lines.
[Amended 2-4-1997 by L.L. No. 1-1997]
The area of a site covered by buildings or roofed areas,
excluding allowed projecting eaves, balconies and similar features.
[Amended 2-4-1997 by L.L. No. 1-1997]
The mean horizontal distance between the front and rear lot
lines.
[Amended 2-4-1997 by L.L. No. 1-1997]
A lot with access provided to the bulk of the lot by means
of a narrow corridor.
[Added 2-4-1997 by L.L. No. 1-1997]
A lot other than a corner lot.
[Added 2-4-1997 by L.L. No. 1-1997]
The line dividing one premises from another or from a street
or other public space.
[Amended 2-4-1997 by L.L. No. 1-1997]
On an interior lot, the lot line abutting a street; or, on
a corner lot, the shorter lot line abutting a street; or, on a through
lot, the lot line abutting the street providing the primary access
to the lot; or, on a flag lot, the interior lot line most parallel
to and nearest the street from which access is obtained; or, on a
waterfront lot, the lot line abutting the water body.
[Amended 2-4-1997 by L.L. No. 1-1997]
That lot line opposite to the front property line. Where
the side property lines of a lot meet in a point, the rear lot line
shall be assumed to be a line not less than 10 feet long, lying within
the lot and parallel to the front property line. In the event that
the front property line is a curved line, then the rear lot line shall
be assumed to be a line not less than 10 feet long, lying within the
lot and parallel to a line tangent to the front property line at its
midpoint.
[Added 2-4-1997 by L.L. No. 1-1997]
Any boundary of a lot that is not a front or rear lot line.
On a corner lot, a side lot line may be a street lot line.
[Added 2-4-1997 by L.L. No. 1-1997]
A lot which lawfully existed prior to the adoption, revision
or amendment of this chapter, but which fails, by reason of such adoption,
revision or amendment, to conform to the use district in which it
is located.
[Added 2-4-1997 by L.L. No. 1-1997]
A lot that is part of a subdivision, the plat of which has
been recorded in the office of the Clerk of the County of Monroe,
or any parcel of land, whether or not part of a subdivision, that
has been officially recorded by a deed in the office of the Clerk,
provided that such lot was of a size that met the minimum dimensions
and development standards for lots in the district in which it was
located at the time of recording or was recorded prior to the effective
date of zoning in the area where the lot is located.
[Added 2-4-1997 by L.L. No. 1-1997]
A lot or parcel of land that has less than the required minimum
depth, area or width, as established by the zone in which it is located,
and provided that such lot or parcel was of record as a legally created
lot on the effective date of this chapter.
[Added 2-4-1997 by L.L. No. 1-1997]
A lot that has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot. On a through lot,
both street lot lines shall be deemed front lot lines.
[Amended 2-4-1997 by L.L. No. 1-1997]
The horizontal distance between side lot lines measured at
the required front setback line.
[Amended 2-4-1997 by L.L. No. 1-1997]
Any waterfront facility which provides accommodations or
services for vessels by engaging in any of the following:
[Amended 5-1-1986 by L.L. No. 4-1986]
The sale of marine products or services;
The sale, lease, rental or charter of vessels
of any type; or
The sale, lease, rental or any other provision
of storage, wharf space or mooring for vessels not registered to the
owner of said facility, a member of the owner's immediate family or
an overnight guest on said property.
A vehicular, portable structure on a chassis and designed
to be used without a permanent foundation as a dwelling when connected
to utilities.
A parcel of land which has been planned and improved primarily
for the placement of mobile homes.
[Amended 3-19-2015 by L.L. No. 2-2015]
Any of the following:
A building designed or occupied for residential purposes by
two or more families;
A series of attached, detached or semidetached residential buildings
which are provided as a group collectively with essential services
and utilities and which are located on a lot, plot or parcel of land
under common ownership; or
The residential part of a mixed-occupancy building.
Regardless of the foregoing, any residential building, other
than a one-family dwelling on a single zoning lot, shall be deemed
to be a "multiple dwelling."
Any building with a height of four or more stories above
grade level.
Any building or structure which was lawfully existing prior
to the adoption, revision or amendment of this Zoning Law but which
fails to conform to the size, height, area and/or location limitations
on a lot in the district in which such is located or the use regulations
for the district in which such use is located by reason of such adoption,
revision or amendment.
[Added 2-4-1997 by L.L. No. 1-1997; 7-17-2007 by L.L. No. 4-2007]
A lot of record which does not comply with the lot requirements
for any permitted use in the district in which it is located.
[Added 7-17-2007 by L.L. No. 4-2007]
Any use of a building, other structure or tract of land which
was lawfully existing prior to the adoption, revision or amendment
of this Zoning Law but which fails to conform to the use regulations
for the district in which such use is located by reason of such adoption,
revision or amendment.
[Amended 2-4-1997 by L.L. No. 1-1997; 7-17-2007 by L.L. No. 4-2007]
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, photographed or similarly depicted
by other persons who pay money or any form of consideration.
[Added 5-2-1995 by L.L. No. 9-1995]
The appearance of a human bare buttocks, anus, genitals or
full female breast.
[Added 5-2-1995 by L.L. No. 9-1995]
An area within the Town, designated by resolution of the
Town Board, wherein building permits may be issued for erection of
structures to which access is given by right-of-way or easement.
[Added 9-27-2005 by L.L. No. 13-2005]
The keeping in an unroofed and unenclosed area of any goods,
junk, material, merchandise or vehicles in the same place for more
than 24 hours.
[Added 2-4-1997 by L.L. No. 1-1997]
A continuous quantity of land in the possession of or owned
by or recorded as the property of the same person or persons.
[Added 2-4-1997 by L.L. No. 1-1997]
An unobstructed space or area other than a street or alley
that is permanently reserved and maintained for the parking of one
motor vehicle.
[Amended 2-4-1997 by L.L. No. 1-1997]
Any individual, agent, firm, partnership, corporation, association, trustee, receiver or assignee or person acting in any other representative capacity. For the purposes of Article XIII, Adult Uses, "person" shall mean an individual, proprietorship, partnership, corporation, association or other legal entity.
[Added 2-4-1997 by L.L. No. 1-1997]
A building in which the primary use of the lot on which the
building is located is conducted.
[Added 2-4-1997 by L.L. No. 1-1997]
Any area of a business that generates a minimum of 10% of
the annual gross receipts.
[Added 5-2-1995 by L.L. No. 9-1995]
The main use of land or structures, as distinguished from
a secondary or accessory use.
[Added 2-4-1997 by L.L. No. 1-1997]
An organization catering exclusively to members and their
guests, or premises and buildings for recreational or athletic purposes,
which are not conducted primarily for gain. Except as required generally
for the membership and purposes of the club, vending machines, merchandising
or commercial activities shall be prohibited.
Structural members used to support an antenna as well as
the antenna itself, excluding nonrigid wire.
A temporary structure, designed to provide pedestrian access
to a dwelling, with a walking surface that has a running slope steeper
than one unit vertical in 20 units horizontal (five-percent slope).
"Temporary," in this case, shall refer to a ramp in place for a fixed
period of time of not more than 18 months and constructed in such
a way as to be readily removed after said period of time.
[Added 7-17-2007 by L.L. No. 4-2007]
A building designed or used as the living quarters for one
or more families (see also "dwelling").[3]
A residential building on one level or floor, not including
basement or cellar, that has at least the minimum ceiling height as
set forth in the New York State Residential Code, currently or as
amended.
[Amended 1-19-2021 by L.L. No. 1-2021[4]]
A building that is the primary residence of the owner and
in which rooms are provided by the owner, for compensation, to two
or more adult persons not related by blood, marriage or adoption to
the owner (see also "boardinghouse").
[Added 2-4-1997 by L.L. No. 1-1997]
A round parabolic antenna intended to receive signals from
orbiting satellites and other sources. "Noncommercial dish antennas"
are defined as being less than four feet in diameter, while "commercial
dish antennas" are usually those larger than four feet in diameter
and typically used by broadcasting stations.
[Added 2-4-1997 by L.L. No. 1-1997]
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, hedges, berms or other features (see also "buffer yard").
[Added 2-4-1997 by L.L. No. 1-1997]
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
[Added 5-2-1995 by L.L. No. 9-1995]
The least distance from the side, rear or front lot line
of a lot to the side, rear or front building line of any building
located or to be located thereon.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
[Added 5-2-1995 by L.L. No. 9-1995]
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
[Added 5-2-1995 by L.L. No. 9-1995]
Two or more commercial enterprises located in a single building
or in two or more connected or adjacent buildings, when the same is
developed as part of a single integrated commercial project.
[Added 9-20-1994 by L.L. No. 7-1994][5]
The entire area within a continuous perimeter, enclosing
the extreme limits of sign display, including any frame or border.
Curved, spherical or any other shaped sign faces shall be computed
on the basis of actual surface area. The copy of signs composed of
individual letters, numerals or other devices shall be the sum of
the area of the smallest rectangle or other geometric figure encompassing
the letter or device. The calculation for a double-faced sign shall
be the area of one face only. Double-faced signs shall be so constructed
that the perimeter of both faces coincide and are parallel and not
more than 24 inches apart.
[Added 2-4-1997 by L.L. No. 1-1997]
A sign commonly associated with and limited to information
and directions necessary and convenient for persons coming on the
property, including signs marking entrances, parking areas, one-way
drives, rest rooms, pickup and delivery areas and the like.
[Added 2-4-1997 by L.L. No. 1-1997]
Any moving or animated sign or any illuminated sign on which
the artificial or reflected light is not maintained stationary and
constant in intensity and color at all times when in use. Any revolving
sign or any revolving light shall be considered a "flashing sign."
[6]Any sign illuminated in any manner by an artificial light
source.
[Amended 2-4-1997 by L.L. No. 1-1997]
An advertising sign or billboard which directs attention
to a business, commodity, service or entertainment conducted, sold
or offered elsewhere than upon the same lot (see also "billboard").
Any sign not permanently affixed to the ground or to a building,
including any sign attached to or displayed on a vehicle that is used
for the express purpose of advertising a business establishment, product,
service or entertainment when that vehicle is so parked as to attract
the attention of the motoring or pedestrian traffic.
[Added 2-4-1997 by L.L. No. 1-1997]
A display, informational sign, banner or other advertising
device constructed of cloth, canvass, fabric, wood or other temporary
material, with or without a structural frame, and intended for a limited
period of display, including decorative displays for holidays or public
demonstrations.
[Added 2-4-1997 by L.L. No. 1-1997]
A sign which provides an index of uses (or tenants) included
within one building or development.
[Added 2-4-1997 by L.L. No. 1-1997]
A sign painted on the outside of a building or attached to
and erected parallel to the face of a building and supported through
its length by such building.
[Added 2-4-1997 by L.L. No. 1-1997]
A sign painted, stenciled or affixed on a window.
[Added 2-4-1997 by L.L. No. 1-1997]
A plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings,
structures, uses and principal site development features proposed
for a specific parcel of land.
[Added 2-4-1997 by L.L. No. 1-1997]
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
[Added 5-2-1995 by L.L. No. 9-1995]
Any of the following:
[Added 5-2-1995 by L.L. No. 9-1995]
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection
with any of the activities set forth in Subsections B(1), (2) and
(3) above.
See "nudity."
[Added 5-2-1995 by L.L. No. 9-1995]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, the space between such floor and the ceiling
above it. A basement shall be counted as a "story" if its ceiling
is over six feet above the average level of the finished ground surface
adjoining the exterior walls of such story or if it is used for business
or dwelling purposes.
[Amended 2-4-1997 by L.L. No. 1-1997]
The same meaning ascribed to the term in Chapter 204, Subdivision of Land.
[Amended 2-4-1997 by L.L. No. 1-1997]
The dividing line between the street right-of-way and any
lot or parcel of land.
A strip of land used for public or private passageways and
designed for the conveyance of persons and or vehicles from one point
to another.
An assembly of materials, forming a construction framed of
component structural parts for occupancy or use, including buildings.
Any substantial remodeling or reconstruction of any principal
building or structure that requires the issuance of a building permit
and which involves changes to existing bearing walls, columns, roofs,
foundations or other structural aspects of the building.
[Added 2-4-1997 by L.L. No. 1-1997]
The division of land, a lot, tract or parcel into two or
more lots, parcels, plats or sites or other divisions of land for
the purpose of sale, lease, offer or development, whether immediate
or future. The term shall also include the division of residential,
commercial, industrial, agricultural or other land whether by deed,
metes and bounds descriptions, lease, map, plat or other instrument.
[Added 2-4-1997 by L.L. No. 1-1997]
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor areas as it exists on the effective
date of this chapter.
[Added 5-2-1995 by L.L. No. 9-1995]
The lowest point of elevation of the finished surface of
the ground, paving or sidewalk within the area between the building
and the property line.
[Added 2-4-1997 by L.L. No. 1-1997]
Any artificial pool of water constructed, installed or maintained,
in or above the ground, which is designed to contain water to a depth
of two feet or more, which has at least one horizontal dimension of
10 feet or more and the upper side of which is open.
[Amended 2-4-1997 by L.L. No. 1-1997]
[Amended 2-4-1997 by L.L. No. 1-1997]
Includes any or all of the following:
CARRY-OUT RESTAURANTAn establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
FAST-FOOD RESTAURANTAn establishment whose principal business is the sale of prepared or rapidly prepared food directly to the customer in a ready-to-consume state, for consumption either within the restaurant building or off premises.
DRIVE-IN RESTAURANTA building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
RETAIL FOOD ESTABLISHMENTAny fixed or mobile place or facility at or in which food or drink is offered or prepared for retail sale or for service, with or without charge, on or at the premises or elsewhere.
Exceptions. Temporary retail food establishments
that operate at a fixed location for a temporary period of time in
connection with a fair, carnival, parade, circus, public exhibition
or similar transitory gathering, including church suppers, picnics
or similar organizational meetings, are excluded from this definition.
A residential structure that meets the definition set forth
in the New York State Residential Code, currently or as amended.
[Added 1-19-2021 by L.L. No. 1-2021]
A residential building consisting of a series of noncommunicating,
individually owned one-family units having a common party wall between
each unit, with private outside entrances, separate front and rear
yards and separate utility services and which is located on a separate
recorded lot.
A vehicular portable unit mounted on wheels and constructed
with collapsible partial side walls which fold for towing by another
vehicle.
A vehicular portable unit, mounted on wheels, of such a size
or weight as not to require special highway movement permits when
drawn by a motorized vehicle; and of a body width of no more than
eight feet and a body length of no more than 32 feet when factory
equipped for the road.
Means and includes any of the following:
[Added 5-2-1995 by L.L. No. 9-1995]
The sale, lease or sublease of a sexually oriented
business;
The transfer of securities which constitute
a controlling interest in a sexually oriented business, whether by
sale, exchange or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of a
sexually oriented business, except for transfer by bequest or other
operation of law upon the date of the person possessing the ownership
or control.
A permitted use or structure that, by nature or level and
scale of activity, acts as a transition or buffer between two or more
incompatible uses.
[Added 2-4-1997 by L.L. No. 1-1997]
Includes all areas in the Town of Irondequoit of one acre
or more but less than five acres containing tree communities and trees
six inches in diameter and greater in which the average basal area
is at least 30 square feet per acre of trees six-inches and greater
as determined using a ten-factor prism.
[Added 12-17-1996 by L.L. No. 12-1996; amended 6-17-1997 by L.L. No. 4-1997]
A portable unit designed to be loaded onto or affixed to
the bed or chassis of a truck. "Truck campers" are of two basic types:
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
CHASSIS-MOUNT CAMPERA portable unit designed to be affixed to a truck chassis.
The purpose or activity for which land or any building thereon
is designed, arranged or intended or for which it is occupied or maintained.
[Added 2-4-1997 by L.L. No. 1-1997]
A change in the nature of occupancy or use of any principal
building or structure within the Town of Irondequoit that requires
the issuance of a building permit or certificate of occupancy from
the Town Building Department. A change of use shall not include a
similar use that can occupy a principal building or structure with
only minor remodeling or repair work and which does not require the
issuance of a building permit or certificate of occupancy.
[Added 2-4-1997 by L.L. No. 1-1997]
The specific primary purpose for which the land is used.
[Added 2-4-1997 by L.L. No. 1-1997]
A use 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.
[Added 2-4-1997 by L.L. No. 1-1997]
A dispensation permitted on individual parcels of property
as a method of alleviating unnecessary hardship by allowing a reasonable
use of the building, structure or property which, because of unusual
or unique circumstances, is denied by the terms of this chapter.
[Added 2-4-1997 by L.L. No. 1-1997]
An open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as are expressly permitted in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line and the nearest point of the foundation wall
of the main building.
[Amended 2-4-1997 by L.L. No. 1-1997]
A yard extending along the full width of a front lot line
between side lot lines and from the front line to the front building
line in depth.
[Amended 2-4-1997 by L.L. No. 1-1997; 8-18-1998 by L.L. No. 1-1998; 7-17-2007 by L.L. No.
4-2007; 1-19-2021 by L.L. No. 1-2021]
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest line of the building. Rear
yard depth shall be measured at right angles to the rear line of the
lot.
[Amended 2-4-1997 by L.L. No. 1-1997]
A yard lying between the side line of the lot and the nearest
line of the building and extending from the front yard to the rear
yard or, in the absence of either of such front or rear yards, to
the front or rear lot lines. Side yard width shall be measured at
right angles to the side lines of the lot.[7]
[Amended 2-4-1997 by L.L. No. 1-1997]
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on a lot line.
[Added 2-4-1997 by L.L. No. 1-1997]
A portion of the territory of the Town, exclusive of streets,
alleys and other public ways, within which certain uses of land, premises
and buildings are not permitted and within which certain yards and
open spaces are required and certain height limits are established
for buildings.
[Added 2-4-1997 by L.L. No. 1-1997]
[1]
Editor's Note: The former definition of "building height,"
which immediately followed this definition, was repealed 1-19-2021
by L.L. No. 1-2021. See now the definition of "height, building."
[2]
Editor's Note: The former definition of "frontage," added
2-4-1997 by L.L. No. 1-1997, which immediately followed this definition,
was repealed 1-19-2021 by L.L. No. 1-2021.
[3]
Editor's Note: The former definition of "residential building,
one-and-one-half-story," which immediately followed this definition,
was repealed 1-19-2021 by L.L. No. 1-2021.
[4]
Editor's Note: This local law also repealed the former definition
of "residential building, two-story," which immediately followed this
definition.
[5]
Editor's Note: The former definition of "sign,"
as amended 2-4-1997 by L.L. No. 1-1997, which immediately followed
this definition, was repealed 6-17-1997 by L.L. No. 4-1997.
[6]
Editor's Note: The former definition of "sign,
freestanding," as amended 2-4-1997 by L.L. No. 1-1997, which immediately
followed this definition, was repealed 6-17-1997 by L.L. No. 4-1997.
[7]
Editor's Note: The former definition of "wooded
lot," added 3-21-1995 by L.L. No. 7-1995, which immediately followed
this definition, was repealed 12-17-1996 by L.L. No. 11-1996.
C.Â
Other terms and phrases. Other terms and phrases not
specifically defined in this chapter but defined in the New York State
Uniform Fire Prevention and Building Code applicable to general building
construction shall have the meanings ascribed therein. All other words
not specifically defined and used in this chapter shall carry their
customary meanings.