[Amended 5-9-2001 by L.L. No. 3-2001]
Except as defined herein, all words used in
this Zoning Law shall carry their everyday dictionary definition.
Words used in the present tense include the future tense. Words used
in the singular include the plural, and words used in the plural include
the singular. The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
The word "lot" includes the word "plot" or "parcel" or "tract." The
word "shall" is always mandatory and not merely directory. The word
"structure" shall include the word "building." The words "used" or
"occupied" as applied to any land or building shall be construed to
include the words "intended, arranged, or designed to be used or occupied."
The word "Zoning Map," or "Milan Zoning Map," shall mean the "Official
Zoning Map of the Town of Milan, New York." Any word denoting gender
includes the female and the male. The term "Town Board" shall mean
the "Town Board of the Town of Milan, New York." The term "Planning
Board" shall mean the "Planning Board of the Town of Milan, New York."
The term "Zoning Board" shall mean the "Zoning Board of Appeals of
the Town of Milan, New York." The term "Building Inspector" or "Zoning
Enforcement Officer" shall mean the "Code Enforcement Officer of the
Town of Milan, New York."
As used in this chapter, the following terms
shall have the meanings indicated:
A measurement of height from the natural grade of a site
to the highest point of a structure.
[Added 12-11-2000 by L.L. No. 3-2000]
A second dwelling unit either in or added to an existing
one- or two-family dwelling or in a separate accessory structure on
the same lot as the primary dwelling for use as a complete, independent
living facility, with provision within the accessory apartment for
cooking, eating, sanitation and sleeping. An "accessory apartment"
is secondary to the primary dwelling and subordinate to it in size
and appearance.
A structure detached from a principal building, on the same
lot, customarily incidental and subordinate to the principal building
or use.[1]
Coverage for wireless communications facilities is considered
to be adequate within that area surrounding a base station where the
predicted or measured median field strength of the transmitted signal
is greater than -90 dbm for at least 80% of the intended coverage
area. It is acceptable for there to be holes within the area of adequate
coverage where the signal strength declines further away from the
base station (e.g., -95 dbm rather than -90 dbm). For the limited
purpose of determining whether the use of a repeater is necessary,
there shall be deemed to be inadequate coverage within said holes.
The outer boundary of the area of adequate coverage is that location
past which the signal does not regain a strength equal to or greater
than -90 dbm.
[Added 12-11-2000 by L.L. No. 3-2000]
Any property adjoining, directly opposite or within 200 feet
of the boundary of any portion of subject parcel; includes all property
separated by a road or within 200 feet of the road frontage of subject
parcel.
The production, keeping or maintenance, for sale, lease and/or
personal use of livestock and/or agricultural commodities, such as
crops; vines; plants; trees and forest products; nursery, floral,
ornamental and greenhouse products; or lands devoted to a soil conservation
program. Any agricultural use of land which is required to be permitted
by state law or state regulation is permitted in the Town of Milan.
Buildings constructed or renovated for use by or open to the public
or guests visiting the property, such as tasting rooms, distilleries,
wineries or breweries, shall be subject to site plan approval and/or
special use permit approval and shall meet the minimum acreage requirement
for that zoning district. This requirement shall not be subject to
an acreage variance. The ZEO shall determine whether a proposed use
of building requires site plan approval and/or special use permit
approval before issuing a building permit.
[Amended 8-13-2007 by L.L. No. 6-2007; 4-17-2017 by L.L. No. 1-2017]
A service way providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams and girders
or in the dimensions or configuration of the roof or exterior walls.
"Alteration" also includes any change or rearrangement to the exit
facilities or an enlargement, whether by extending on a side or by
increasing in height, or the removal of a building from one location
to another or the demolition of part/entire of a structure.
A facility designed for housing those persons who are unable
to live independently at a particular time and providing for their
specific needs. These facilities are subject to the New York State
Mental Hygiene Law and all other applicable state laws. For purposes
of this chapter, "alternative care facility" includes the following
specific types of supervised facilities:
[Amended 6-11-2003 by L.L. No. 1-2003]
COMMUNITY RESIDENCEA dwelling providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision.
HALFWAY HOUSEA community residence providing room and board, recreation and rehabilitative services for the mentally disabled under responsible supervision.
GROUP HOMEA community residence providing twenty-four-hour on-site responsible supervisory staff for long-term residents.
SUPPORTIVE LIVING FACILITYA community residence providing responsible supervision for residents.
FAMILY CARE HOMEA dwelling providing room, board and supervision for patients who are maintained on an in-patient status by a state-operated psychiatric facility.
HOUSING FOR THE DISABLEDHousing for those persons who are unable to function in society without assistance and/or supervision because of their physical, mental or emotional deficiencies.
REHABILITATION SERVICES FACILITYA professionally planned and operated treatment facility designed to improve the functioning of physically, mentally or emotionally disabled person in their skills of daily living.[2]
A place where animals or pets are given medical or surgical
treatment. Short-term boarding shall only be incidental to such treatment.
[Added 5-9-2001 by L.L. No. 3-2001]
The keeping, grazing, feeding or caring for animals other
than household pets.
[Amended 4-22-1996 by L.L. No. 1-1996; 4-18-2016 by L.L. No. 1-2016]
Equipment and support structures designed to transmit or
receive electronic signals, which may include antennas attached to
buildings (mounted on a roof or outside wall) or freestanding antenna,
excluding commercial radio, television and other utility transmission
towers.
A building used for the sale of old and authentic objects
of personal property that were made, fabricated, or manufactured 50
or more years earlier and which have a unique appeal and enhanced
value because of their age.
[Added 5-9-2001 by L.L. No. 3-2001]
A geologic formation or groups of geologic formations that
contain saturated, permeable material, such as sand and gravel, limestone
or limestone overlaid with sand and gravel, sufficient to yield significant
and usable quantities of water to drinking wells and springs.
The total areas taken on a horizontal plane at the main grade
level of any building, exclusive of uncovered porches, terraces and
steps. All dimensions shall be measured between the exterior faces
of walls, irrespective of which floor they are on.
The total area contained within the property lines of an
individual parcel of land.
A building or area, the use of which is devoted to the washing
of automobiles.
The average height of a stand of trees. For the purpose of
determining the maximum height of a wireless communications facility
to be installed on a wooded lot having at least 20 trees within 100
feet of the proposed site, the average height of the trees located
within 200 feet of the proposed site, in relation to the proposed
facility, shall be used to determine the average tree canopy. Such
heights may be determined by the use of a clinometer or other appropriate
measurement device.
[Added 12-11-2000 by L.L. No. 3-2000; amended 1-28-2002 by L.L. No. 1-2002]
A shop where baked goods are sold or offered for sale by
retail, including incidental baking of products for retail sale on
the premises.
[Added 5-9-2001 by L.L. No. 3-2001]
An institution where money is deposited, kept, lent, or exchanged.
[Added 5-9-2001 by L.L. No. 3-2001]
Any sign of lightweight fabric or similar material that is
mounted to a pole or building by frame at one or more edges. National
flags, state or municipal flags or the official flag of any institution
or business shall not be considered "banners."
A retail business licensed by the New York State Liquor Authority
for the sale, for on-premises consumption, of alcoholic beverages.
[Amended 5-9-2001 by L.L. No. 3-2001]
Tree area in square feet of the cross section at breast height
of a single tree. When the basal areas of all trees in a stand are
summed, the result is usually express as square feet of basal area
per acre.
[Added 7-18-2022 by L.L. No. 6-2022]
A story, partly underground, but having at least 1/2 of its
height above the average level of the adjoining ground.
Any light with one or more beams directed into the atmosphere
or directed at one or more points not on the same lot as the light
source; also any light with one or more beams that rotate or move.
No more than two structures affording temporary overnight
accommodations and limited food services to guests. "Bed-and-breakfast"
operations shall comply with the supplemental standards and other
applicable regulations specified in this chapter.
[Amended 10-20-2014 by L.L. No. 6-2014]
The incorporation of both labor and materials within the
footings or foundation of a building or group of buildings subsequent
to the issuance of a building permit in full conformance with the
chapter.
For purposes of this section, the "best management practices"
shall be defined as the current best management practices of forestry
accepted by the New York State Department of Environmental Conservation,
including but not limited to: A Landowner's Guide to Building
Forest Access Roads, by Richard Wiest, USDA NA-TP-06-98, July 1998,
and Best Management Practices for Water Quality BMP Field Guide, New
York State Forestry (Last Revised 2007), as such documents may be
amended or supplemented from time to time.
[Added 7-18-2022 by L.L. No. 6-2022]
An establishment in which damaged automobiles are repaired
or painted for a fee.
[Added 6-11-2003 by L.L. No. 1-2003]
A performance and/or maintenance security duly issued by
a bonding or security company approved by the Town Board; or a performance
and/or maintenance security duly issued by the developer/obliger accompanied
by security in the form of cash, certified check or United States
Government bearer bonds deposited with the Town Board in the full
amount of the obligation.
An area within a property or site generally adjacent to and
parallel with the property line either consisting of natural existing
vegetation or created by the use of trees, shrubs, fences and/or berms
and designed to limit continuously the view of, and/or sound from,
the site to adjacent sites or properties.
The space remaining on a zoning lot after the minimum requirements
for coverage, yards and setbacks have been met.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels; including the structures or buildings defined under "building
accessory."
A building, the use of which is customarily incidental to
that of a principal building and which is located on the same lot
as that occupied by the principal building.
A structure or use that is clearly incidental and subordinate
in area, extent and purpose to a principal building or use; contributes
to the comfort, convenience or necessity of occupants, business or
industry in the principal building; and is located on the same lot
as the principal building or use served.
The line of the face of the building nearest the street line.
This face includes sun parlors and porches, whether enclosed or unenclosed,
but does not include steps or terraces. In the case of a corner lot,
any building line nearest to a street line shall be considered a front
building line.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs. When a lot fronts on two or more streets of different
levels, the lower street or the average elevation of the lot with
regard to the abutting streets may be taken as the base for measuring
the height of the building.
A solar energy system that is integrated into any building
envelope system and where the building-integrated system features
maintain a uniform profile or surface of vertical walls, window openings
and roofing, including but not limited to vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
[Added 11-18-2019 by L.L.
No. 4-2019]
The least horizontal distance between the furthermost walls
of a building, including any carports and porches.
The line beyond which a building may not extend (other than
parts of the building expressly exempt from this requirement).
A line, generally parallel to the street or road that passes
through the point of the building nearest to the front lot line, beyond
which a building may not project into the required yard setback as
specified for the zoning district in which the lot is situated. In
the case of a corner lot, any building line nearest to a street line
shall be considered a "front building line."
Official authorization issued by the Building Inspector to
begin construction in accordance with approved plans and in strict
compliance with all applicable requirements of this chapter, the New
York State Uniform Fire Prevention and Building Code and related laws,
rules and regulations.
A building in which is conducted the main or principal use
of the lot on which said building is situated. Each "principal building,"
along with its accessory buildings, shall be deemed to be situated
on a separate lot.
A term used to describe the size, volume, area and shape
of buildings and structures and the physical relationship of their
exterior walls or their location to lot lines, other buildings and
structures or other walls of the same building and all open spaces
required in connection with a building, other structure or tract of
land.
Businesses primarily engaged in rendering services to businesses
on a fee or contract basis, such as advertising and mailing; building
maintenance; employment services; management and consulting services;
protective services; equipment rental and leasing; commercial research,
development and testing; photo finishing; and personal supply services.
A small, roofed structure, having one to three walls, located
near a street and designed primarily for the protection and convenience
of bus passengers.
A wireless communications facility that is disguised, hidden,
part of an existing or proposed structure, placed within an existing
or proposed structure, or completely hidden by surrounding vegetation
is considered camouflaged. When facilities include a new tower or
other tall structure, camouflage will conceal both the tall structure
and the accompanying antennas and other equipment through the use
of technology which gives these facilities the appearance of structures
which are compatible with the surrounding area.
[Added 12-11-2000 by L.L. No. 3-2000]
A company, licensed by the FCC, that provides wireless services
to customers.
[Added 12-11-2000 by L.L. No. 3-2000]
The portion of a building that is partly or entirely below
grade which has more than 1/2 of its height, measured from floor to
ceiling, below the average finished grade of the ground adjoining
the building.
[Added 4-22-1996 by L.L. No. 1-1996]
Land used or intended to be used for the burial of dead human
beings and dedicated for cemetery purposes, including columbariums
and mausoleums when operated with and within the boundary of such
cemetery and excluding crematories and mortuaries.
An imaginary line on the precise center of the legal right-of-way
of a street, driveway, roadway or similar feature.
Official certification issued by the Zoning Enforcement Officer
that a building or structure conforms to the applicable provisions
of this chapter, the New York State Uniform Fire Prevention and Building
Code and other regulations and may be legally used or occupied.
As used in this chapter, a use shall be determined by the
Building Inspector to have ceased when it has been discontinued either
temporarily or permanently, whether with the intent to abandon such
use or not.
The removal of most or all trees in an area, regardless of
size or maturity.
[Added 7-18-2022 by L.L. No. 6-2022]
A structure designed for the practice of dentistry in which
nonresident patients are treated.
A structure designed for the practice of medicine in which
nonresident patients are treated.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications and meetings.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to, operated by or in connection
with a public tavern, cafe or other public place.
A tract of land, which may include a clubhouse and other
related structures, used by members of a club for the specific purpose
of hunting, fishing and the practice of such activities as further
defined by New York State Consolidated Laws.
[Amended 6-11-2003 by L.L. No. 1-2003]
A form of development for residential subdivisions that permits
a reduction in lot area and bulk requirements, provided that there
is no increase in the number of lots permitted under a conventional
subdivision and the resultant land area is devoted to open space.
The use of a single wireless communications facility, either
on the ground or on an existing building or structure, by more than
one wireless communications carrier.
[Added 12-11-2000 by L.L. No. 3-2000]
An occupation, employment or enterprise that is operated
for profit by the owner, lessee or licensee.
An easement, covenant, restriction or other interest in real
property, created under and subject to the provisions of New York
State Environmental Conservation Law (ECL), which limits or restricts
development, management or use of such real property for the purpose
of preserving or maintaining the scenic, open, historic, archaeological,
architectural, or natural condition, character, significance or amenities
of the real property in a manner consistent with the public policy
and purpose set forth in § 49-0301 of NYS ECL. (Definition
from § 49-0303.)
[Added 9-13-2004 by L.L. No. 1-2004]
That type of construction in which the wall, partitions,
columns, floors, and roof are noncombustible with sufficient fire-resistance
to withstand the effects of a fire and prevent its spread from story
to story.
A business, containing less than 2,500 square feet of gross floor area, where food, tobacco, drugs, periodicals, beverages, snacks and similar convenience items are kept for retail sale. In the HB District only, the maximum size of a convenience store shall be 4,000 square feet; and either an automobile wash or the retail sale of gasoline or other petroleum products, or both, shall be specially permitted accessory uses requiring a Type B special use permit. The retail sale of gasoline or other petroleum products shall comply with the provisions of §§ 200-41 and 200-45 of this chapter.
[Amended 5-9-2001 by L.L. No. 3-2001; 8-8-2005 by L.L. No. 3-2005; 4-15-2013 by L.L. No. 1-2013]
A measurement of cut wood, being stacked four feet high by
four feet wide by eight feet long.
[Added 7-18-2022 by L.L. No. 6-2022]
An occupied open space, other than a yard, which is unobstructed
from the ground to the sky.
A court which is bounded on more than three sides by the
exterior walls of one or more buildings.
A court which bounded on not more than three sides by the
exterior walls of one or more buildings.
A store or shop where a maximum of four artisans engage primarily
in handcraft manufacture of small items, such as jewelry, pottery,
weaving, custom woodwork and art objects; includes the sale of articles
produced on the premises and other articles customarily associated
with the product made or service provided on the premises.[3]
The premises of a finance company, mortgage company, or investment
company.
[Added 5-9-2001 by L.L. No. 3-2001]
A stone or concrete boundary usually marking the edge of
the roadway or paved area.
The officially established grade of the curb in front of
the midpoint of the lot.
Any facility which is licensed to operate pursuant to New
York State Social Services Law § 390, and provides care
for a child on a regular basis away from the child's residence for
less than 24 hours per day by someone other than the parent, stepparent,
guardian or relative within the third degree of consanguinity of the
parents or stepparents of such child. The following types of child
"day-care facilities" are permitted in the Town of Milan:
[Amended 6-11-2003 by L.L. No. 1-2003]
FAMILY DAY-CARE HOMEA program caring for children for more than three hours per day per child in which child day care is provided in a family home for three to six children. A "family day-care home" may, however, care for a maximum of eight children at any one time if no more than six of the children are less than school age and the school-aged children receive care primarily before or after the period such children are ordinarily in school, during school lunch periods, on school holidays or during those periods of the year in which school is not in session in accordance with the regulations of the Department of Social Services.
DAY-CARE CENTERA program provided for more than three hours but less than 24 hours a day away from the child's home by an individual association, corporation, institution or agency for seven or more children; except those programs operating as group family day-care homes as defined herein and by § 390 of the New York State Social Services Law.
NURSERY SCHOOLA program, whether licensed with the New York State Department of Education or not, provided in one or two sessions, each of less than three hours a day, away from a child's home; except a family day-care home, group family day-care home or day-care center.
Unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
[Added 12-11-2000 by L.L. No. 3-2000]
An area established within a conservation easement where
development is permitted. Any legally permitted development, subject
to applicable laws, regulations, and required permits, is permitted
unless specifically prohibited by the governing conservation easement
agreement.
[Added 9-13-2004 by L.L. No. 6-2004]
Any humanly incurred change to improved or unimproved real
estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, clearing, grading, paving, excavation or
drilling operations.
See "agriculture."
[Added 4-17-2017 by L.L.
No. 1-2017]
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages or permits customers to receive
services and obtain goods while remaining in their motor vehicles.
[Added 6-11-2003 by L.L. No. 1-2003]
A paved or unpaved area used for ingress and egress of vehicles
and allowing access from a street to a building or other structure.
A store where the primary business is the filling of medical
prescriptions and the sale of drugs, medical devices and supplies,
and nonprescription medicines.
[Added 5-9-2001 by L.L. No. 3-2001]
Land used for the disposal by abandonment, dumping, burning
or any other means, and for whatever purpose, of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
or waste material of any kind.
A house or other building designed or used primarily for
human habitation. The word "dwelling" shall not include tourist homes,
motels, hotels or other structures designed for transient residence,
except bed-and-breakfasts. A bus is not construed to be a "dwelling."
A building or structure containing three or more dwelling
units, each of which is designed for or occupied by a single household.
A detached building designed for the use of a single household,
including one or more persons living as a family.
A building or structure containing two dwelling units. A
"two-family dwelling" is not a single-family dwelling with an accessory
apartment nor a conversion, as defined herein.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit.
A dwelling unit attached to two or more dwelling units by
common vertical walls.
A dwelling unit that is freestanding and not attached to
any other dwelling unit by any means.
A dwelling unit which has a common wall, floor or ceiling
with one other dwelling unit.
Retail establishments selling food and drink for consumption
on the premises, including lunch counters and refreshment stands selling
prepared foods and drinks for immediate consumption. Eating and drinking
businesses exclude drive-in businesses.
[Added 6-11-2003 by L.L. No. 1-2003]
Separate, detached temporary dwelling unit, with its own
cooking, sanitary and sleeping facilities, accessory to a one- or
permitted two-family dwelling, for the use of and occupied by the
elderly relatives or close friends of the occupants of the principal
dwelling unit or other person as permitted in this chapter.
A college or university authorized by New York State to award
degrees.
A discharge of pollutants, with or without treatment, into
the environment.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed the electronic receiving and relay
equipment for a wireless communications facility. Associated equipment
may include air conditioning and emergency generators. This term does
not include offices, long-term storage of vehicles or other equipment
storage, or broadcast studios.
[Added 12-11-2000 by L.L. No. 3-2000]
The detachment and movement of soil or rock fragments or
the wearing away of the land surface by water, wind, ice and gravity.
A single parcel or lot which may include one or more business
uses and where business is conducted or professional/personal services
are performed in a building.
A building in which raw, semifinished or finished materials
are converted to a different form or state or where goods are manufactured,
assembled, treated or processed.
The area on the ground within a prescribed radius from the
base of a wireless communications facility. The fall zone is the area
within which there is a potential hazard from falling debris (such
as ice) or collapsing material.
[Added 12-11-2000 by L.L. No. 3-2000]
One or more persons occupying a premises and living as a
single nonprofit housekeeping unit.
[Amended 4-22-1996 by L.L. No. 1-1996]
Any parcel of land containing three or more acres which is
used for financial gain in the raising of agricultural products, animal
products or animals, as well as necessary farm buildings and structures.
An internal collector roadway providing common access from
the major highway network to a number of businesses and related establishments
or to residences; often termed a "service road" or "parallel access
road."
The Federal Emergency Management Agency that administers
the National Flood Insurance Program. "FEMA" enables property owners
to purchase flood insurance for property within or adjacent to floodways
through the National Flood Insurance Program.[4]
Materials deposited in an area to change the ground elevation.
The elevation at which the finished surface of the surrounding
lot, either naturally occurring or upon completion of any approved
change in contour, intersects the walls or supports of a building
or other structure.
Any fabric, banner or bunting containing distinctive colors,
patterns or symbols used as a symbol of a government, political subdivision
or other entity.
An unmapped zoning district where all the zone requirements
are contained in this chapter and the zone is fixed on the map only
when an application for development meeting the zone requirements
is approved.
A general and temporary condition of partial or complete
inundation of normally dry land areas from overflow of inland or tidal
waters or from the unusual and rapid accumulation of runoff or surface
waters from any source.
The channel of a natural stream or river and that portion
of the flood area adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate, improved real property, water and sanitary
facilities, structures and their contents.
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the exterior faces of
exterior walls or from the center line of walls separating two buildings.
In particular, the "floor area" of a building
or buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment with structural
headroom of seven feet six inches or more.
Penthouses.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of seven feet six inches
or more.
Interior balconies and mezzanines.
Accessory uses.
Structured parking above the finished grade.
However, the "floor area" of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purpose of calculating requirements
necessary for accessory off-street parking spaces and accessory off-street
loading berths.
Elevator and stair bulkheads, accessory water
tanks and cooling towers.
Floor space used for mechanical equipment with
structural headroom of less than seven feet six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
Uncovered steps.
Terraces, breezeways and open spaces.
Accessory off-street parking spaces.
The quotient of the floor area of a building divided by its
lot area.
The management of forests for cultivation and production
of wood and wood products and to provide outdoor recreation, to maintain,
restore or enhance environmental conditions for wildlife, and for
the protection of water supplies.
[Added 5-9-2001 by L.L. No. 3-2001]
A place where young trees or other plants are grown for transplanting
or for sale, and may also include the sale of related accessory supplies.
[Added 5-9-2001 by L.L. No. 3-2001]
The management of forests for the production of wood and
wood products and to provide outdoor recreation, to maintain, restore
or enhance environmental conditions for wildlife, and for the protection
and production of water supplies.
[Added 6-11-2003 by L.L. No. 1-2003]
An establishment required by contractual or other arrangements
to offer some or all of the following, except that this definition
shall not include bakeries, bars or taverns, or restaurants:
Standardized menus, ingredients, food preparation,
decor, external facade and/or uniforms;
Preprepared food in a ready-to-consume state;
Sold over the counter in disposable containers
and wrappers;
Selected from a limited menu;
For immediate consumption on or off the premises;
Where the customer pays before eating.
All the property abutting on one side of a street, measured
along the street line.
The boundary of the lot along the principal street on which
the lot abuts and which provides access to the lot. In the case of
a lot having less than the minimum lot width, the "front lot line"
shall be deemed to be that which is closest to being parallel to the
street which provides access.
[Added 4-22-1996 by L.L. No. 1-1996]
Include but are not limited to cellular, personal communications
services (PCS), enhanced specialized mobile radio, specialized mobile
radio, and paging.
[Added 12-11-2000 by L.L. No. 3-2000]
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
A building or premises used for the storage, repair, rental,
service and/or servicing of motor vehicles and the retail sale of
fuel for such vehicles.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, and provided that no space therein more than one car
is leased to a nonresident of the premises.
A building designed and used for the storage of automobiles,
operated as a business enterprise, with a service charge or fee being
paid to the owner or operator for the parking or storage of privately
owned vehicles.
[Added 5-9-2001 by L.L. No. 3-2001[5]]
A tract of land for playing golf, improved with trees, greens,
fairways and hazards and which may include clubhouses and shelters.
Facilities commonly referred to as "putt-putt golf," "miniature golf,"
"pitch-n-putt," etc., are specifically excluded from this definition.
The permanently established elevation of the center line
of a street in front of the midpoint of the lot.
The final elevation of the completed surfaces of lawns, walks
and roads adjoining the wall of a building at any point.
A building or structure constructed mainly of translucent
material and used as a conservatory for the growing and protection
of flowers, vegetables and other plants and for the propagation and
culture thereof. Solar panels and translucent material accessory to
residential houses shall not be considered greenhouses.
A retail establishment primarily selling food as well as
other convenience and household goods.
[Added 5-9-2001 by L.L. No. 3-2001]
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structure, for the purpose of producing electrical or thermal energy.
[Added 11-18-2019 by L.L.
No. 4-2019]
The supply of freshwater under the surface in an aquifer
or soil that forms the natural reservoir for potable water.
Two or more retail establishments or offices sharing certain
facilities such as parking, public utilities, and open space.
[Added 5-9-2001 by L.L. No. 3-2001]
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
[Added 12-11-2000 by L.L. No. 3-2000]
Space used for living, sleeping, eating or cooking purposes,
excluding storage spaces and enclosures for equipment installations.
The vertical distance of a structure measured from the average
elevation of the finished grade within 20 feet of the structure to
the highest point of the structure. See also "building height."
Any use customarily conducted entirely within a dwelling
and/or accessory building and carried on by the inhabitants thereof,
which use is clearly secondary to the use of the dwelling for dwelling
purposes and does not change the character thereof. Any intended use
shall maintain, in all aspects, the residential characteristics of
a dwelling and/or accessory buildings.
An association which is organized in a development in which
individual owners share common interests in open space or facilities.
"Homeowners' associations" usually hold title to common property,
manage and maintain the common property and enforce certain covenants
and restrictions.
An establishment for temporary occupation by the sick or
injured for the purpose of medical diagnosis and treatment, including
sanitaria, and shall be limited to the treatment or other care of
humans.[6]
A building used primarily to provide sleeping accommodations
for the transient public in which 12 or more rooms are available for
hire and which may contain a common entrance and lobby and may also
contain a restaurant and/or gift shop for accommodation of its patrons.
[Amended 4-22-1996 by L.L. No. 1-1996]
A domesticated animal retained for companionship rather than
commercial uses.[7]
(Heavy industrial uses are prohibited in the Town of Milan.)
A use engaged in the basic processing and manufacturing of materials
or products predominantly from extracted or raw materials or a use
engaged in storage of or manufacturing processes using flammable or
explosive materials or storage or manufacturing processes that potentially
involve hazardous or commonly recognized offensive conditions.
Any scrap, waste, reclaimable material or debris, whether
or not stored or used in conjunction with dismantling, processing,
salvage, storage, baling, disposal or other uses.[8]
An establishment for the treatment, care, boarding or breeding
of dogs or cats or similar animals or bird life (excluding poultry)
for a fee. The term "commercial kennel" shall also include the terms
"animal kennel," "dog kennel," "aviary" or other similar phrase.
The keeping of a total of five or more dogs or cats over
six months of age but not for commercial purposes.
A facility used to carry out experiments and collect and analyze data, excluding educational institutions and facilities that perform live animal testing. Laboratories, scientific, research and testing shall be considered a light industrial use and shall be subject to the light industrial use standards set forth in § 200-32.
[Amended 8-13-2007 by L.L. No. 6-2007]
Typically comprised of one or more parcels of real property,
or as a defined district or area in which development is discouraged.
Such designation may include a stream corridor, farmland, or water
or view shed. Such districts may be local, regional, or statewide
and may involve public, private, nonprofit or not-for-profit property
from an individual, a group of people or a conservation organization,
who are directly or indirectly involved in helping protect natural,
scenic, recreational, agricultural, historic, or cultural property.
Land conservation works to preserve open land that is important to
the communities and regions in which they reside. Land conservation
may protect land in rural, suburban or urban areas and may or may
not have restrictions, enhancements or easements for use by the general
public.
[Added 5-9-2001 by L.L. No. 3-2001]
A self-supporting mount constructed of vertical metal struts
and cross braces forming a triangular or square structure which often
tapers from the foundation to the top.[9]
[Added 12-11-2000 by L.L. No. 3-2000]
Trees that have achieved near-maximum size and age, which
are significantly larger and older than the average trees on the landscape.
[Added 7-18-2022 by L.L. No. 6-2022]
A building containing printed, pictorial and electronic material
for public use for purposes of study, reference, recreation and relaxation.
[Added 5-9-2001 by L.L. No. 3-2001]
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
[Added 12-11-2000 by L.L. No. 3-2000]
A material-handling, processing, assembly, manufacturing, research, warehouse or similar facility where all input, output, operations and storage are wholly conducted within enclosed buildings such that no nuisance factor is created or apparent outside an enclosed building that would make the use incompatible with adjacent nonindustrial uses, and which meets the performance standards of § 200-32.
[Added 8-13-2007 by L.L. No. 6-2007]
A person 21 years of age or older designated by the owner
of a short-term rental on the application form who, by such owner
designation, shall have the authority to make decisions regarding
the management and maintenance of the rental units owned by the owner
located within the Town. The local agent must reside within 20 miles
of the property and be available at all times to respond to questions
and concerns from the Zoning Enforcement Officer, neighbors or occupants
of the rental unit and/or their guests. A local agent shall not be
required if the owner satisfies all of the provisions of the short-term
rental application.
[Added 11-15-2021 by L.L.
No. 2-2022]
A piece, parcel or plot of land occupied or designed to be
occupied by a principal building and its accessory building or buildings,
including the yards and other open spaces required by this chapter.
A lot at the junction and abutting on two or more intersecting
streets or roads, when the interior angle on the intersection does
not exceed 135°.
The percentage of the lot area covered by the combined area
of all buildings, structures or other impervious surfaces on the lot.
[Amended 12-17-2003 by L.L. No. 2-2003; 4-12-2004 by L.L. No. 4-2004]
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot line.
A lot other than a corner lot.
Property lines bounding a parcel of land.
LOT LINE, FRONTThe line separating the lot from the street.
LOT LINE, REARThe line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
A legally existing lot at the time of adoption of this chapter,
duly filed and recorded in the Dutchess County Clerk's Office as either
an individual parcel of land or part of an approved subdivision, in
accordance with the Town of Milan Subdivision Regulations[10] and applicable provisions of Town Law. An exemption for single-family dwellings is described in § 200-10, General regulations, of Article IV, District Regulations, of this chapter.
An interior lot having frontage in two parallel or approximately
parallel streets.
The mean width measured at right angles to its depths.
An establishment for the storage and sale of wood and wood
products and building materials.[11]
A "manufactured building" has the following features:
Mass-produced in a factory.
Designed and constructed for transportation
to a site for installation and use when connected to required utilities.
Either an independent, individual building or
a module for combination with other elements to form a building on
the site with permanent foundation.
A manufactured building or portions of a building designed
for long-term residential use and not to be towed on its own chassis.
Manufacture, assembly, treatment, processing, storage, or packaging of products that does not emit objectionable levels of smoke, noise, dust, flumes, odor, glare, radiation, or vibration beyond the property lines. Manufacturing which does not constitute a nuisance shall be considered a light industrial use and shall be subject to the light industrial use standards set forth in § 200-32.
[Added 5-9-2001 by L.L. No. 3-2001;
amended 8-13-2007 by L.L. No. 6-2007]
Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into masonry
surface or made of bronze or other permanent material.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of the building,
generally designed and constructed to provide protection from the
weather.
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic, or
similar purposes.
[Added 5-9-2001 by L.L. No. 3-2001]
Any working sign, logo or other representation that, directly
or indirectly, names, advertises or calls attention to a business,
product, service or other commercial activity.
The extraction of overburden, inorganic or organic solid
material, rock, peat, topsoil and minerals (collectively, "minerals")
located on or below the surface of the earth; and/or the preparation
and/or processing of minerals, including any activities or processes
or parts thereof for the extraction or removal of minerals from their
original location and the preparation, washing, cleaning, crushing,
stockpiling or other processing of minerals so as to make them suitable
for commercial, industrial or construction use; and/or the removal
of such minerals through sale or exchange, or for commercial, industrial
or municipal use; and/or the disposition of overburden, tailings and
waste at an existing mine location; and/or all mining activities regulated
by the New York State Department of Environmental Conservation. The
following activities shall not constitute mining, provided the minerals
extracted during these activities are not removed from their original
location solely for sale or exchange or for commercial purposes: (i)
removal of limited amounts of any minerals when done only for the
purpose of extracting samples or specimens for scientific purposes
or only for the purpose and to the extent necessary to determine the
location, quantity or quality of any mineral deposit; (ii) excavation
or grading associated with the construction of a structure pursuant
to a current building permit, current site plan approval or current
subdivision approval; (iii) incidental excavation or grading associated
with land clearing; (iv) excavation or grading associated with the
construction or maintenance of a pond, retention basin, drainage improvements
or similar features; (v) incidental excavation or grading associated
with the construction of sewage-disposal systems or other utility
systems; or (vi) excavation or grading associated with the construction
of roads, driveways, and parking areas pursuant to a current driveway
permit, current site plan approval or current subdivision approval.[12]
[Amended 6-11-2003 by L.L. No. 1-2003; 8-13-2007 by L.L. No.
6-2007]
Traditional small-scale retail establishments providing services,
as well as selling goods or merchandise, to the general public for
personal or household consumption.
[Added 5-9-2001 by L.L. No. 3-2001]
A movable or portable dwelling unit designed and constructed
to be towed on its own chassis, comprised of frame and wheels, connected
to utilities and designed and constructed without a permanent foundation
for year-round living; or a dwelling unit licensed or sealed by New
York State as a "mobile home." A "mobile home" unit may contain parts
that may be folded, collapsed or telescoped when being towed and expanded
later to provide additional cubic capacity, as well as two or more
separately towable components designed to be joined into one integral
unit capable of being separated again. "Mobile home" shall mean dwelling
units designed to be used exclusively for residential purposes (excluding
travel trailers) with a minimum floor area of 720 square feet.
[Amended 4-22-1996 by L.L. No. 1-1996]
A new mobile home certified as meeting the Manufactured Home Construction and Safety Standards of the Department of Housing and Urban Development (24 CFR 3280) and meeting the appearance standards of § 200-34 of this chapter.
Any residential development intended for exclusive use of
two or more mobile homes and attended structures, regardless of type
of ownership or provision for maintenance of common facilities.
All mobile homes not meeting the standards of Class A mobile
homes.
See "manufactured housing."
A self-supporting mount constructed of a single shaft of
wood, steel or concrete with below-grade foundations and a platform
(or racks) for panel antennas arrayed at the top.
[Added 12-11-2000 by L.L. No. 3-2000]
A building or part of a building which is used for the showing
of motion pictures.[13]
[Added 5-9-2001 by L.L. No. 3-2001]
Any premises where gasoline and other petroleum products
are sold and/or light maintenance activities, such as engine tune-ups,
lubrication, and minor repairs, are conducted. Motor vehicle service
stations shall not include premises where automobile washing or heavy
automobile activities such as engine overhauls, automobile body work
and painting are conducted. Motor vehicle service stations may also
include the sale of convenience items provided they are incidental
to the use.
[Added 5-9-2001 by L.L. No. 3-2001]
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
[Added 12-11-2000 by L.L. No. 3-2000]
A lot lawfully existing on the effective date of this chapter
that cannot meet the minimum area requirements of the zoning district
in which the lot is located as a result of the enactment or amendment
to this chapter.
[Amended 4-22-1996 by L.L. No. 1-1996]
A building, structure or use of land lawfully existing on
the effective date of this chapter that cannot conform to the regulations
of the zoning district in which it is situated as a result of the
enactment or amendment to this chapter.
[Amended 4-22-1996 by L.L. No. 1-1996]
An interference with the enjoyment and use of a property.[15]
A building in which the owner supplies for hire or gain,
lodging with or without meals, and, in addition, provides nursing,
medical, or similar care and treatment.
[Amended 5-9-2001 by L.L. No. 3-2001]
The residing of an individual or individuals overnight in
a dwelling unit or the installation, storage or use of equipment,
merchandise or machinery in any public, commercial or industrial building.
Occupancy for a period not exceeding four months during any
calendar year.
A building used primarily for conducting the affairs of a
business, profession, service, industry or government activity.
Any building or part thereof designed, intended or used for
the management or direction of an agency, business, or organization
but excluding such uses as retail sale, manufacture, assembly or storage
of goods, or places of assembly and amusement.[16]
[Added 5-9-2001 by L.L. No. 3-2001]
The office of a member of a recognized profession maintained
for the conduct of that profession.[17]
A map adopted by the Town Board pursuant to the provisions
of § 270 of the Town Law, and which may be or may have been
revised according to the provisions of § 273 of the Town
Law, which shows streets, highways and parks theretofore laid out
and adopted and established by law and which may show drainage systems.
A solar energy system that is designed to produce at maximum
capacity more than 110% of the yearly electrical power anticipated
to be consumed on the site on which it is located, as reasonably determined
by the Zoning Enforcement Officer.
[Added 11-18-2019 by L.L.
No. 4-2019]
A solar energy system that is ground-mounted or roof-mounted
and produces energy primarily for the purpose of on-site consumption
and is designed to produce at maximum capacity no more than 110% of
the yearly electrical power anticipated to be consumed on the site
on which it is located, as demonstrated to the reasonable satisfaction
of the Zoning Enforcement Officer.
[Added 11-18-2019 by L.L.
No. 4-2019]
An area permanently devoted to recreational uses and characterized
by its natural, historic, or landscaped features, and used for both
passive and active forms of recreation.
[Added 5-9-2001 by L.L. No. 3-2001]
A space for the parking of motor vehicles within a public
or private parking area.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in a series, designed to move in the wind.
An establishment primarily engaged in providing services
involving the care of a person's apparel, including, but not limited
to, laundries, barber and beauty shops, dry-cleaning shops and exercise
or dance studios.
A building or structure which, by design and construction,
is primarily intended for religious services or instruction, including
social and administrative rooms accessory thereto.
[Amended 6-11-2003 by L.L. No. 1-2003]
A tract of land designed for the use of children for active
recreation purposes which may include equipment, such as swings and
slides, and contain areas designated for uses, such as soccer fields
and baseball diamonds.
A roofed open structure projecting from the outside wall
of a building without window sash or other form of permanent enclosure.
A lot, plot or parcel of land, together with all structures
and uses thereon.
A residence is deemed to be a primary residence when the
owner shall have resided on the property for at least 270 days during
the previous twelve-month period.
[Added 11-15-2021 by L.L.
No. 2-2022]
A building in which is conducted the principal (predominant)
use of the lot on which is is located.[19]
A business for the printing of books, magazines or other
publications, excluding retail sales of such products on the premises.
A certified or licensed radio frequency engineer specializing
in electrical or microwave engineering, especially the study of radio
frequencies.[20]
[Added 12-11-2000 by L.L. No. 3-2000]
Land where further development, use, or subdivision is limited.
Protected parcels may include designated open space, private parks,
or private lands subject to conservation easements pursuant to Article
49 of the New York State Environmental Conservation Law.
[Added 5-9-2001 by L.L. No. 3-2001]
Typically comprised of one or more parcels of real property,
or as a defined district or area on which government activity occurs
or on which recognized nonprofit or not-for-profit organizations operate.
Public/semipublic parcels may include public parks, state multiple-use
areas, government-owned property, municipal-use buffer zones, firehouses,
churches, cemeteries, affiliated uses of recognized religious organizations
and active or inactive property of a historic or cultural nature.
Such a definition may define land in rural, suburban or urban areas
and may or may not have restrictions, enhancements or easements for
use by the general public. Affiliated uses of recognized religious
organizations shall require site plan approval by the Town of Milan
Planning Board.
[Added 5-9-2001 by L.L. No. 3-2001; 8-17-2015 by L.L. No. 1-2015]
A facility designed to serve the surrounding neighborhood
and that must, for reasons associated with the purpose of the utility
in question, be located in or near the neighborhood where such facilities
are proposed to be located.[21]
[Added 5-9-2001 by L.L. No. 3-2001]
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Research and Development Authority (NYSERDA), or
who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. In
the event that NYSERDA and NABCEP no longer perform such listing or
certification services, persons may be deemed to be qualified solar
installers if the Zoning Enforcement Officer determines such persons
have had NABCEP-equivalent training and experience to determine the
degree and extent of the potential hazards associated with solar energy
systems and the personal protective equipment and job planning necessary
to perform the installation safely.
[Added 11-18-2019 by L.L.
No. 4-2019]
The emissions from wireless communications facilities.[22]
[Added 12-11-2000 by L.L. No. 3-2000]
Any prepared food or nonalcoholic beverage.
[Added 2–12–2007 by L.L. No. 3-2007]
Any business where any refreshment is sold or offered for
sale at retail from a motor vehicle, trailer or tent.
[Added 2–12–2007 by L.L. No. 3-2007; amended 10-20-2014 by L.L. No. 6-2014]
A general industrial establishment for the repair or replacement
of parts in a motor vehicle, but not including an auto body repair
shop or a motor vehicle service station.
[Added 2–12–2007 by L.L. No. 3-2007]
A small receiver/relay transmitter of not more than 20 watts
output designed to provide service to areas which are not able to
receive adequate coverage directly from a primary sending and receiving
site in a wireless communications network.
[Added 12-11-2000 by L.L. No. 3-2000]
An occupant of a short-term rental who shall be at least
21 years of age, and who shall be legally responsible for compliance
by all occupants of the rental unit and/or their guests with all provisions
of this chapter and/or the Town of Milan Code during the term of the
short-term rental.
[Added 11-15-2021 by L.L.
No. 2-2022]
A place where food and drink is prepared and served to the
public on the premises, primarily for consumption within the principal
building, but which may offer seasonal outside seating.
[Amended 5-9-2001 by L.L. No. 3-2001[23]]
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from an upper slope level.
A stable for the housing of horses for hire or for a private
riding club.
[Added 5-9-2001 by L.L. No. 3-2001]
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, storm sewer main, shade trees or for another special use.
A stall or booth for business which shall be limited to the
sale of farm products.
A solar energy system located on the roof of any legally
permitted building or structure for the purpose of producing electrical
or thermal energy.
[Added 11-18-2019 by L.L.
No. 4-2019]
A private road servicing a subdivision which consists of
no greater than 15 residential lots, has a rural character and prohibits
further subdivision. A "rural lane" shall not include streets which
would have the effect of hindering the development of contiguous parcels
by virtue of the creation of said private road instead of a public
street or road, which would be inconsistent with the Town's Master
Plan.[24]
Any school having regular sessions with regularly employed
instructors who teach those subjects that are fundamental and essential
in general education, under the supervision of the State of New York
or a lawfully constituted ecclesiastical governing body or a private
corporation meeting the requirements of the state.
Same as elementary school, except that secondary education
is provided.
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
[Added 12-11-2000 by L.L. No. 3-2000]
The distance between one carrier's array of antennas and
another carriers array.
[Added 12-11-2000 by L.L. No. 3-2000]
The horizontal distance from a particular lot line to the
part of the building or story, respectively, which is nearest to such
lot line.
Overnight rental of a primary residence, or portion thereof,
for the duration of no more than 30 consecutive nights and limited
to five bedrooms for transient occupancy.
[Added 11-15-2021 by L.L.
No. 2-2022]
A document issued by the Zoning Enforcement Officer that
permits a short-term rental, hosted or unhosted, pursuant to the terms
and conditions set forth herein.
[Added 11-15-2021 by L.L.
No. 2-2022]
Any of a number of companies that specialize in offering
short-term rental listings through the internet.
[Added 11-15-2021 by L.L.
No. 2-2022]
A short-term rental of a primary residence in which the owner
is in physical occupancy during the time of the rental.
[Added 11-15-2021 by L.L.
No. 2-2022]
A short-term rental of a primary residence, in which the
owner is not in physical occupancy during the time of the rental and
limited to no more than 90 days in a calendar year, with a minimum
stay of two days with an interim of two days between rentals during
the term of the short-term rental certificate.
[Added 11-15-2021 by L.L.
No. 2-2022]
Any device, fixture, placard or structure that uses any color,
form, graphic, illumination, symbol or writing to advertise, announce
the purpose of or identify the purpose of a person or entity or to
communicate information of any kind to the public.
A sign that uses movement or change of lighting to depict
action or create a special effect or scene.
A sign attached to any part of a building, as contrasted
to a freestanding sign.
A sign that is a part of or attached to an awning, canopy
or other fabric, plastic or structural protective cover over a door,
entrance, window or outdoor service area. A marquee is not a "canopy."
A sign or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face or surface
of the sign. A sign on which the message changes more than eight times
per day shall be considered an "animated sign" and not a "changeable
copy sign" for the purposes of this chapter. A sign on which the only
copy that changes is an electronic or mechanical indication of time
and/or temperature shall be considered a "time and temperature" portion
of a sign and not a "changeable copy sign" or "animated sign" for
purposes of this chapter.
A sign supported by structures or supports that are placed
on or anchored in the ground and that are independent from any building
or other structure.
A sign lighted by or exposed to artificial lighting, either
by lights on/in the sign or directed towards the sign on the same
lot.
A sign erected or constructed as an integral or essentially
integral part of a normal roof structure of any design, such that
no part of the sign extends vertically above the highest portion of
the roof and such that no part of the sign is separated from the rest
of the roof by a space more than 12 inches.
A sign attached to, in any manner, or made apart of a marquee.
A sign lawfully existing on the effective date of this chapter
that cannot meet the requirements of this chapter as a result of the
enactment or amendment to this chapter.
[Amended 4-22-1996 by L.L. No. 1-1996]
A sign not permanently attached to the ground or other permanent
structure or a sign designed to be transported, including but not
limited to signs designed to be transported by means of wheels, signs
converted to A- or T-frames, menu and sandwich board signs, balloons
used as signs, umbrellas used for advertising and signs attached to
or painted on vehicles parked and visible from the public right-of-way,
unless said vehicle is used in the normal day-to-day operations of
the business.
A sign affixed to a building or wall in such a manner that
its leading edge extends more than 12 inches beyond the surface of
such building or wall.
A sign located in a district zoned for residential uses that
contains no commercial message, except advertising for goods or services
legally offered on the premises where the sign is located, if offering
such service at such location conforms with all requirements of this
chapter.
A sign erected and constructed wholly on and over the roof
of a building, supported by the roof structure and extending vertically
above the highest portion of the roof.
A sign that is suspended from the underside of a horizontal
plane surface and is supported by such surface.
A sign that is used only temporarily and is not permanently
mounted. This does not include portable signs as defined herein.
A sign attached parallel to but within 12 inches of a wall,
painted on the wall surface or erected and confined within the limits
of an outside wall of any building or structure, which is supported
by such wall or building and which displays only one sign surface.
A sign, picture, symbol or combination thereof designed to
communicate information about an activity, business, commodity, event,
sale or service that is placed inside a window or upon the window
panes or glass and is visible from the exterior of the window.
The art and science of controlling the establishment, growth,
composition, health, and quality of forests and woodlands to meet
the diverse needs and values of landowners and society on a sustainable
basis.
[Added 7-18-2022 by L.L. No. 6-2022]
A recreation facility operated as a business and open to
the public for a fee.[25]
[Added 5-9-2001 by L.L. No. 3-2001]
Solar modules and panels, inverters and power conditioning
equipment, mounting material, electrical energy storage devices, hardware,
electrical equipment, electrical wiring, raceways and switchgear,
and other material associated with the production of electrical or
thermal energy from the sun.
[Added 11-18-2019 by L.L.
No. 4-2019]
A system generating electrical or thermal energy and composed
of a combination of solar energy equipment. For the purposes of this
chapter, a solar energy system does not include any system with a
solar panel or collector of four square feet or less in surface area,
provided it is not used as a component of a larger solar energy system.
[Added 11-18-2019 by L.L.
No. 4-2019]
A photovoltaic device capable of collecting and converting
solar energy into electrical or thermal energy. All solar panels or
solar modules shall have antireflective coatings.
[Added 11-18-2019 by L.L.
No. 4-2019]
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
A business where horse training and instruction are given
and/or where horses are kept for riding or boarding for compensation.
[Amended 6-11-2003 by L.L. No. 1-2003]
Land used for the keeping of goods, wares or supplies outside
of any building or structure. However, this shall not be construed
as including the activities of a junkyard.
[Amended 4-22-1996 by L.L. No. 1-1996]
That portion of a building between the surface of any floor
and the surface of the floor next above it or, if there is no floor
above it, then the space between any floor and the ceiling next above
it and including "basement" as defined herein.
Any vehicular way which is an existing state, County or Town
roadway or is shown upon a subdivision plat approved by the Town Planning
Board, as provided by § 281 of the Town Law of New York
State.
[Amended 4-22-1996 by L.L. No. 1-1996]
The dividing line between a street right-of-way and a lot.
A combination of materials assembled at a fixed location
for use, occupancy or to give support, such as a building bridge,
trestle, tower, platform, sign or flagpole.
[Amended 7-21-2014 by L.L. No. 3-2014]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale, lease
or development.
Any body of water or receptacle for water having a depth
at any point greater than two feet, used or intended to be used for
swimming and constructed, installed or maintained in or above the
ground.
A business operation for the manufacture and processing of
textiles, fabrics, clothing and leather goods, including shoes and
clothing but excluding retail sales.
A building, or part of a building, devoted to showing moving
pictures or stage productions on a paid-admission basis.
Land used for the harvesting of trees not planted for such
purpose.
Code of the Town of Milan.
[Added 11-15-2021 by L.L.
No. 2-2022]
A vehicular portable structure built on a chassis, designed
to be used primarily as a temporary dwelling for travel, recreation
and vacation uses and not placed on a foundation, nor having motor
power of its own.
A vehicle designed exclusively for the transportation of
a boat of less than 24 feet long and a ten-foot beam.
A vehicle, not over 70 square feet in floor area, used for
the hauling of cargo.
A structure, or system of wires, poles, rods and/or reflecting
devices, used for the transmission and reception of electromagnetic
waves and audio signals.[26]
The New York State Uniform Fire Prevention and Building Code,
as amended.
[Added 11-15-2021 by L.L.
No. 2-2022]
The specific purpose for which land or a building is designed,
arranged or intended or for which it may be occupied or maintained.
The term "permitted use" shall not be deemed to include any nonconforming
use.
[Amended 6-11-2003 by L.L. No. 1-2003]
USE, ACCESSORYA use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use of a building. Except for uses accessory to a dwelling unit, any use, which is accessory to a special permit use, shall also be a special permit use. Any use, which is accessory to a permitted use, shall also be a permitted use. Accessory uses are subject to the regulations found in § 200-18 herein.
USE, PRINCIPALThe main or principal use of a lot. Only one principal use is permitted per lot, all other uses, except special uses and permitted accessory uses, being excluded.
USE, SPECIAL PERMITA use which is deemed permissible within a given zoning district or districts but which may exhibit characteristics or create impacts incompatible with other uses provided herein. The special use shall be subject to approval by either the Planning Board or Zoning Board of Appeals, in accordance with the conditions set forth for such use in Article V, Supplementary Regulations, and the application procedure set forth in Article VIII, Special Use Permits, as well as other applicable sections of this chapter.
Any person, firm, corporation or municipal agency duly authorized
to furnish to the public (under public regulation) electricity, gas,
water, sewerage treatment, steam, cable television, telephone or telegraph.[27]
Land containing high amounts of soil moisture and acting
as an absorbent or natural retention for stormwater.[28]
Places of business primarily engaged in selling merchandise
to retailers; to industrial, commercial, institutional or professional
business users or to other wholesalers; or acting as agents or brokers
and buying merchandise for or selling merchandise to such individuals
or companies.
An area restricted for the protection, preservation and management
of wildlife, animals and natural resources.
An antenna designed to transmit or receive communications
as authorized by the Federal Communications Commission, including
but not limited to whip, panel and dish communications antennas.
[Added 12-11-2000 by L.L. No. 3-2000]
A facility for the provision of wireless communications services,
as defined by the Telecommunications Act of 1996, and usually consisting
of an equipment shelter, a mount, and/or antenna(s). Small cell communication
facilities, distributed antenna systems, radio or television transmission
towers and repeaters shall be included in the definition of "wireless
communications facilities."
[Added 12-11-2000 by L.L. No. 3-2000; amended 4-18-2022 by L.L. No. 5-2022]
Includes three types of services which are regulated by this
chapter including commercial mobile radio services, unlicensed wireless
services, and common-carrier wireless exchange access services for
cellular, personal communications services (PCS), enhanced specialized
mobile radio, and specialized mobile radio and paging services. Excluded
from this definition are services used for fire, police and other
dispatch communications, or exclusively for private radio and television
reception and private citizen's bands, amateur radio and other similar
private, residential communications.
[Added 12-11-2000 by L.L. No. 3-2000]
An unoccupied space open to the sky on the same lot with
a building or structure.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line; such "front yard" is unoccupied
and unobstructed from the ground upward, except as may be permitted
elsewhere in this chapter.
A space extending across the full width of the lot between
the principal building and the rear lot line, and measured perpendicular
to the building at the closest point of the rear lot line; such "rear
yard" is unoccupied and unobstructed from the ground upward, except
as may be permitted elsewhere in this chapter.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is closest to such side lot line.
A specifically delineated area or zoning district in the
Town within which regulations and requirements uniformly govern the
use, placement, spacing and size of land and buildings.
The map or maps adopted by the Town Board which are a part
of this chapter and delineate the boundaries of zoning districts.[29]
[1]
Editor's Note: The definition of "accessory
use," which immediately followed this definition, was repealed 6-11-2003
by L.L. No. 1-2003.
[2]
Editor's Note: The definition of "amusement
and recreation services," which immediately followed this subsection,
was repealed 6-11-2003 by L.L. No. 1-2003.
[3]
Editor's Note: The definition of "creamery/milk
bottling plant," which immediately followed this definition, was repealed
8-13-2007 by L.L. No. 6-2007.
[5]
Editor's Note: This local law also repealed
the former definition of "gasoline station."
[6]
Editor's Note: The definition of "hospital,
animal or veterinary clinic," which immediately followed this definition,
was repealed 6-11-2003 by L.L. No. 1-2003.
[7]
Editor's Note: The definition of "industry,
light," which immediately followed this definition, was repealed 8-9-1999
by L.L. No. 6-1999.
[8]
Editor's Note: The definition of "junkyard,"
which immediately followed this definition, was deleted 4-22-1996
by L.L. No. 1-1996.
[9]
Editor's Note: The definition of "laundromat,"
which immediately followed this definition, was repealed 6-11-2003
by L.L. No. 1-2003.
[11]
Editor's Note: The definition of "major excavation,
grading or filling," which immediately followed this definition, was
repealed 8-13-2007 by L.L. No. 6-2007.
[12]
Editor's Note: The definition of "mini-warehouse,"
which immediately followed this definition, was repealed 6-11-2003
by L.L. No. 1-2003.
[13]
Editor's Note: The definition of "motor freight
terminal," which immediately followed this definition, was repealed
8-13-2007 by L.L. No. 6-2007.
[14]
Editor's Note: The definition of "museum,"
which immediately followed this subsection, was repealed 6-11-2003
by L.L. No. 1-2003.
[15]
Editor's Note: The definition of "nursery
and horticulture use," which immediately followed this definition,
was repealed 5-9-2001 by L.L. No. 3-2001. The definition of "nursery
school" was repealed 6-11-2003 by L.L. No. 1-2003.
[16]
Editor's Note: The definition of "office,
nonretail," which immediately followed this definition, was repealed
6-11-2003 by L.L. No. 1-2003.
[17]
Editor's Note: The definition of "office,
retail," which immediately followed this definition, was repealed
6-11-2003 by L.L. No. 1-2003.
[18]
Editor's Note: The definition of "park," which
immediately followed this definition, was repealed 6-11-2003 by L.L.
No. 1-2003.
[19]
Editor's Note: The definition of "principal
use," which immediately followed this definition, was repealed 6-11-2003
by L.L. No. 1-2003.
[20]
Editor's Note: The definition of "professional
services," which immediately followed this definition, was repealed
5-9-2001 by L.L. No. 3-2001.
[21]
Editor's Note: The definition of "quarry,
sandpit, gravel pit, topsoil, stripping," as amended, which immediately
followed this definition, was repealed 8-13-2007 by L.L. No. 6-2007.
[22]
Editor's Note: The definition of "recycling
business," which immediately followed this definition, was repealed
8-13-2007 by L.L. No. 6-2007.
[23]
Editor's Note: This local law also repealed
the former definition of "retail business or service."
[24]
Editor's Note: The definition of "sanitarium,"
which immediately followed this definition, was repealed 6-11-2003
by L.L. No. 1-2003.
[25]
Editor's Note: The definitions of "special
permit use" and "specialty entertainment," which immediately followed
this definition, were repealed 6-11-2003 by L.L. No. 1-2003.
[26]
Editor's Note: The definition of "transportation
terminal," which immediately followed this definition, was repealed
8-13-2007 by L.L. No. 6-2007.
[27]
Editor's Note: The definitions of "warehouse,"
as amended, and "warehouse, self-service storage," added 6-11-2003
by L.L. No. 1-2003, which immediately followed this definition, were
repealed 8-13-2007 by L.L. No. 6-2007.
[28]
Editor's Note: The definition of "wholesale
business," which immediately followed this definition, was repealed
8-13-2007 by L.L. No. 6-2007.
[29]
Editor's Note: The Zoning Map is on file in
the Town offices.
