[Amended 5-1-1986 by L.L. No. 4-1986; 9-20-1994 by L.L. No. 7-1994]; 3-21-1995 by L.L. No. 7-1995; 5-2-1995 by L.L. No. 9-1995; 12-17-1996 by L.L. No. 11-1996; 12-17-1996 by L.L. No. 12-1996; 2-4-1997 by L.L. No. 1-1997; 6-17-1997 by L.L. No. 4-1997; 8-18-1998 by L.L. No. 1-1998; 9-27-2005 by L.L. No. 13-2005; 7-7-2007 by L.L. No. 4-2007; 2-17-2009 by L.L. No. 1-2009; 3-19-2015 by L.L. No. 2-2015; 1-19-2021 by L.L. No. 1-2021; 8-16-2022 by L.L. No. 4-2022; 9-16-2025 by L.L. No. 9-2025]
A.
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."
B. ABANDONMENT ACCESSORY STRUCTURE ACCESSORY USE ADDITION ADULT ARCADE ADULT BOOKSTORE (1) (a) (b) (2) ADULT CABARET(1) (2) (3) ADULT MOTEL(1) (2) (3) 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 AUTHORIZED OFFICIAL BASEMENT BED-AND-BREAKFAST BEDROOM BILLBOARD BUFFER AREA BUILDING BUILDING, ACCESSORY BUILDING INSPECTOR BUILDING LINE CANNABIS FACILITY(1) (2) CELLAR CHILD-CARE FACILITIES (1) (2) (3) CHURCH OR PLACE OF RELIGIOUS WORSHIP CLUSTER DEVELOPMENT CONDITIONAL USE CONDOMINIUM CONGREGATE HOUSING DENSITY DEVELOPMENT DOG KENNEL DWELLING(1) (2) (3) DWELLING UNIT ESCORT ESCORT AGENCY ESTABLISHMENT(1) (2) (3) (4) 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 HOTEL or INN 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) (2) (3) MOBILE HOME MOBILE HOME COURT or MOBILE HOME PARK MOTEL MULTIPLE-DWELLING(1) (a) (b) (c) (2) 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 SHORT-TERM RENTAL 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) (2) (3) (4) 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) (a) (b) (c) (d) (2) TINY HOUSE TOWNHOUSE TRAILER, CAMPING TRAILER, TRAVEL or TRAILER, HOUSE TRANSFER OF OWNERSHIP OR CONTROL(1) (2) (3) TRANSITIONAL USE TREED LOTS TRUCK, CAMPER(1) (2) 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.
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.
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.
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.
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:
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:
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.
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.
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.
See "adult bookstore."
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.
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.
A separate and complete dwelling unit that is contained within the structure of a single-family dwelling unit.
A dwelling unit without a separate and distinct room for sleeping.
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.
A person or persons employed by the Town of Irondequoit so designated to perform those duties of enforcing the provisions of this chapter. "Authorized official" includes without limitation the Director of Community Development, Fire Marshal/Building Inspector, Code Enforcement Officer and/or any employee designated by them, and/or designated by the Town Board by resolution from time to time.
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 bed-and-breakfast is not a hotel or motel, but rather is an owner-occupied dwelling in which overnight accommodations and breakfast only are provided to transient guests for compensation. Such use is secondary to the occupancy of the dwelling by a family.
A room in a dwelling unit planned and intended for sleeping, separable from other rooms by a doorway.
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.
A structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of a space.
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").
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.)
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.
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.
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.
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.
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").
The number of dwelling units per acre.
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.
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.
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.
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.
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.
Any of the following:
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.
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.
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.
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.
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.
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.
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.
A building erected on a residential lot, not physically attached to the residential building located on such lot, for an accessory use.
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").
An accessory use of a dwelling unit for gainful employment which is:
A business enterprise which offers to the general public temporary lodging accommodations that are used, rented or hired out to be occupied by transient guests who have their residences elsewhere, and which may contain other facilities accessory thereto which primarily are intended for use by such guests, including but not limited to snack bars, recreational facilities or activities, and retail shops for the sale of souvenirs and sundries, or which are intended for use by such guests as well as the general public, including but not limited to meeting rooms and restaurants or other dining facilities. This definition shall not include short-term rentals, as defined by this chapter.
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.
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.
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."
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").
A platted parcel of land intended to be separately owned, developed and otherwise used as a unit.
The area of a horizontal plane bounded by the vertical planes through front, side and rear lot lines.
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.
The area of a site covered by buildings or roofed areas, excluding allowed projecting eaves, balconies and similar features.
The mean horizontal distance between the front and rear lot lines.
A lot with access provided to the bulk of the lot by means of a narrow corridor.
A lot other than a corner lot.
The line dividing one premises from another or from a street or other public space.
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.
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.
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.
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.
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.
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.
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.
The horizontal distance between side lot lines measured at the required front setback line.
Any waterfront facility which provides accommodations or services for vessels by engaging in any of the following:
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.
A building or group of buildings in which lodging is provided for compensation for primarily automobile transients, and which has individual entrances from the outside of the building for at least 25% of the dwelling or rooming units located therein.
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.
A lot of record which does not comply with the lot requirements for any permitted use in the district in which it is located.
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.
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.
The appearance of a human bare buttocks, anus, genitals or full female breast.
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.
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.
A continuous quantity of land in the possession of or owned by or recorded as the property of the same person or persons.
An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
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.
A building in which the primary use of the lot on which the building is located is conducted.
Any area of a business that generates a minimum of 10% of the annual gross receipts.
The main use of land or structures, as distinguished from a secondary or accessory use.
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.
A building designed or used as the living quarters for one or more families (see also "dwelling").
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.
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").
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.
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").
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.
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:
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.
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.
Any portion of real property rented for compensation in exchange for lodging for a period of not more than 28 consecutive days. This may include a bed-and-breakfast, and campgrounds, tent sites or tent platforms and other temporary structures on the parcel. For the purpose of this chapter, the term "short-term rental" shall not include a hotel, inn, motel, or ongoing month-to-month rentals.
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.
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.
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."
Any sign illuminated in any manner by an artificial light source.
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.
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.
A sign which provides an index of uses (or tenants) included within one building or development.
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.
A sign painted, stenciled or affixed on a window.
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.
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
Any of the following:
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."
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.
The same meaning ascribed to the term in Chapter 204, Subdivision of Land.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
The specific primary purpose for which the land is used.
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.
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.
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.
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.
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.
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.
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.
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.
C.
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.