Town of Irondequoit, NY Terminology

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.

ADULT CABARET

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.

ADULT MOTEL

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

ADULT MOTION-PICTURE THEATER

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]

ADULT THEATER

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 USES

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]

ADULT VIDEO STORE

See "adult bookstore."

[Added 5-2-1995 by L.L. No. 9-1995]

ALLEY

A narrow supplementary thoroughfare for the public use of vehicles or pedestrians, affording access to abutting property.

ALTERATION

Any change, rearrangement or addition to a building, other than repairs, or any modification in construction or in building equipment.

ANTENNA

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]

APARTMENT

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]

APARTMENT, ACCESSORY

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]

APARTMENT, EFFICIENCY

A dwelling unit without a separate and distinct room for sleeping.

[Added 2-4-1997 by L.L. No. 1-1997]

APARTMENT HOUSE

A building containing primarily apartments (see also "multiple dwelling").

APARTMENT, STUDIO

A dwelling unit that has no separate bedroom and is designed to be used by not more than two persons.

AREA, LIVABLE

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.

BASEMENT

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.

BEDROOM

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]

BILLBOARD

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.

BUFFER AREA

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]

BUILDING

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]

BUILDING, ACCESSORY

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]

BUILDING INSPECTOR

The Town officer designated by the Town Board of the Town of Irondequoit to administer the provisions of this chapter.

BUILDING LINE

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.

CANNABIS FACILITY

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.)

CELLAR

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.

CHILD-CARE FACILITIES

[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.

CHURCH OR PLACE OF RELIGIOUS WORSHIP

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]

CLUSTER DEVELOPMENT

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]

CONDITIONAL USE

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]

CONDOMINIUM

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.

CONGREGATE HOUSING

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]

DENSITY

The number of dwelling units per acre.

[Added 2-4-1997 by L.L. No. 1-1997]

DEVELOPMENT

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]

DOG KENNEL

A structure used for the keeping of more than two dogs that are more than six months old.

DWELLING

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.

DWELLING UNIT

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]

ESCORT

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]

ESCORT AGENCY

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]

ESTABLISHMENT

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;

GARAGE, PRIVATE, DETACHED

The additions of any sexually oriented business to any other existing sexually oriented business; or

(4)

The relocation of any sexually oriented business.

FAMILY

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]

FARM

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.

FENCE

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]

FENCE, BOUNDARY

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]

FENCE, DECORATIVE

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]

FENCE, PRIVACY

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]

FENCE, SAFETY

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]

GARAGE, PRIVATE

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]

GARAGE, PUBLIC

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.

GASOLINE SERVICE STATION

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.

GROUP HOME FOR THE HANDICAPPED

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]

HEIGHT, BUILDING

[Added 2-4-1997 by L.L. No. 1-1997; amended 1-19-2021 by L.L. No. 1-2021]

The vertical distance, measured from the average elevation of the proposed finish grade at the front of the building, to:

The highest point of the roof for flat roofs;

The deckline for mansard roofs; and

(c)

The average height between eaves and the ridge for gable, hip and gambrel roofs.

Chimneys, spires, towers, elevator penthouses, signs, tanks and similar projections that may be permitted or authorized under applicable regulations of this chapter are not calculated in the height.

HOME OCCUPATION

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]

Clearly incidental and subordinate to the use of the dwelling unit as a residence.

Carried on solely within the main dwelling and does not alter or change the exterior character or appearance of the dwelling.

HOUSING FOR THE ELDERLY/SENIOR APARTMENTS

Located in a residential district.

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]

IMPERVIOUS SURFACE

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]

JUNK VEHICLE

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]

LIFE CARE FACILITY

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]

LOT

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]

LOT AREA

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]

LOT, CORNER

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]

LOT COVERAGE

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]

LOT DEPTH

The mean horizontal distance between the front and rear lot lines.

[Amended 2-4-1997 by L.L. No. 1-1997]

LOT, FLAG

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]

LOT, INTERIOR

A lot other than a corner lot.

[Added 2-4-1997 by L.L. No. 1-1997]

LOT LINE

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]

LOT LINE, FRONT

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]

LOT LINE, REAR

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]

LOT LINE, SIDE

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]

LOT, NONCONFORMING

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]

LOT OF RECORD

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]

LOT, SUBSTANDARD

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]

LOT, THROUGH

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]

LOT WIDTH

The horizontal distance between side lot lines measured at the required front setback line.

[Amended 2-4-1997 by L.L. No. 1-1997]

MARINA

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

MOBILE HOME COURT or MOBILE HOME PARK

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.

MOBILE HOME

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.

MULTIPLE-DWELLING

[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

(c)

The residential part of a mixed-occupancy building.

NONCONFORMING LOT OF RECORD

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."

MULTIPLE STORY BUILDING

Any building with a height of four or more stories above grade level.

NONCONFORMING BUILDING

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]

NONCONFORMING USE

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]

NUDE MODEL STUDIO

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]

NUDITY

The appearance of a human bare buttocks, anus, genitals or full female breast.

[Added 5-2-1995 by L.L. No. 9-1995]

OPEN DEVELOPMENT

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]

OUTDOOR STORAGE

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]

PARCEL

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]

PARKING SPACE

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]

PERSON

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]

PRINCIPAL BUILDING

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]

PRINCIPAL BUSINESS PURPOSE

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]

PRINCIPAL USE

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]

PRIVATE CLUB

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.

RADIO AND/OR TELEVISION ANTENNA STRUCTURE

Structural members used to support an antenna as well as the antenna itself, excluding nonrigid wire.

RAMP, TEMPORARY

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]

RESIDENCE

A building designed or used as the living quarters for one or more families (see also "dwelling").[3]

RESIDENTIAL BUILDING, ONE-STORY

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]]

ROOMING HOUSE

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]

SATELLITE DISH ANTENNA

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]

SCREENING

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]

SEMINUDE

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]

SETBACK

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.

SEXUAL ENCOUNTER CENTER

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]

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

SEXUALLY ORIENTED BUSINESS

Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.

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]

SHOPPING PLAZA

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]

SIGN AREA

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]

SIGN, DIRECTIONAL

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]

SIGN, FLASHING

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]

SIGN, ILLUMINATED

Any sign illuminated in any manner by an artificial light source.

[Amended 2-4-1997 by L.L. No. 1-1997]

SIGN, OUTDOOR ADVERTISING DISPLAY

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").

SIGN, PORTABLE

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]

SIGN, TEMPORARY

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]

SIGN, TENANT

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]

SIGN, WALL

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]

SIGN, WINDOW

A sign painted, stenciled or affixed on a window.

[Added 2-4-1997 by L.L. No. 1-1997]

SITE PLAN

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]

SPECIFIED ANATOMICAL AREAS

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]

SPECIFIED SEXUAL ACTIVITIES

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;

[Amended 2-4-1997 by L.L. No. 1-1997]

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in Subsections B(1), (2) and (3) above.

STATE OF NUDITY

See "nudity."

[Added 5-2-1995 by L.L. No. 9-1995]

STORY

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]

STREET

The same meaning ascribed to the term in Chapter 204, Subdivision of Land.

[Amended 2-4-1997 by L.L. No. 1-1997]

STREET LINE

The dividing line between the street right-of-way and any lot or parcel of land.

STREET RIGHT-OF-WAY

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.

STRUCTURE

An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings.

STRUCTURAL ALTERATIONS

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]

SUBDIVISION

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]

SUBSTANTIAL ENLARGEMENT

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]

SWALE

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]

SWIMMING POOL

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]

TAKE-OUT FOOD BUSINESS

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.

(c)

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.

(d)

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.

TRAILER, TRAVEL or TRAILER, HOUSE

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.

TINY HOUSE

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]

TOWNHOUSE

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.

TRAILER, CAMPING

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.

TRANSFER OF OWNERSHIP OR CONTROL

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.

TRANSITIONAL USE

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]

TREED LOTS

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]

TRUCK, CAMPER

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.