A.
Words used in the present tense include the future
tense.
B.
Words used in the singular include the plural, and
words used in the plural include the singular.
C.
The word "person" includes an individual, firm, company,
partnership or corporation.
D.
The word "shall" or "will" is mandatory; the word
"may" is permissive.
E.
The word "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."
F.
Any reference to an "R District" shall be interpreted
to mean R-E, R-1, R-2, R-M, R-AG, R-12 and R-RB Districts.
G.
Any reference to a "C District" shall be interpreted
to mean C-1, C-2, C-T and C-R Districts.
H.
Any reference to an "M District" shall be interpreted
to mean M and M-R Districts.
I.
Any reference to a "P District" shall be interpreted
to mean a PID District.
For the purpose of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
A building or structure the use of which is incidental to
that of the main building and which is located on the same premises.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building, except as otherwise provided for off-street parking.
Any change, rearrangement or addition to or any relocation
of a building or structure; any modification in construction or equipment.
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated, household animals,
which may include related facilities, such as laboratories, offices
and temporary quarters for such animals.
An arrangement in a main building on a lot designed primarily
for single-family residential usage in which not more than three rooms
located above ground are designated by the owner-occupant for rental
sleeping purposes to guests as primarily overnight accommodations,
including, or with the option to include, breakfast within the residence
the next morning. Said rented sleeping accommodations, which may include
private bathroom or shared bathroom facilities, shall not include
any separate cooking facilities, and all cooking shall be done in
the main kitchen of said residence.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof,"
unless the context clearly requires a different meaning.[1]
A residential subdivision of single-family detached dwellings,
designed for single-family dwelling purposes, comprising 10 or more
acres in which minimum lot areas and minimum lot dimensions may be
reduced by a specific amount, provided that land not used for residential
lots, except streets, in the subdivision is used for recreational
or open space purposes. The phrase "clustering" shall refer to cluster
housing.
The extraction of stone, sand, gravel or topsoil for sale,
as an industrial operation, and exclusive of the extraction of stone,
sand, gravel or topsoil solely in furtherance of on-site construction
projects which are permitted uses in the district in which they are
to be undertaken and for which a building permit has been lawfully
issued by the Town of Concord Code Enforcement Officer or Building
Inspector and which does not constitute mining, as defined herein.
An apartment house or houses the apartments or dwelling units
of which are individually owned, with each owner receiving a deed
enabling said owner to sell, mortgage, rent or otherwise exchange
his/her apartment independent of the owners of the other apartments
in the building or buildings.
A place for the care of three or more children away from
their homes who stay for a period of three hours or more but less
than 24 hours during any day irrespective of compensation, reward
or otherwise.
The keeping of more than three dogs that are more than six
months old.
A restaurant wherein all patrons thereof are not required
to be seated to be served.
A building used as the living quarters for one or more families.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other; or two single-family dwellings having a party wall in common.
MULTIFAMILY DWELLINGA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
An increase in floor area of an existing building or an increase
in size of an existing structure or an increase in the area of land
used for an existing open use.
An increase in the amount of existing floor area used for
an existing use in an existing building.
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this chapter as an accessory use.
Any area of land, including structures thereon, used for
the retail sale of gasoline or other motor vehicle fuel for the propulsion
of vehicles. A filling station can be either self-service or attendant
operated.
That portion of a rear yard of a through lot extending along
a street/road line and from the street/road line for a depth equal
to a required front yard. Any front yard equivalent shall be subject
to the regulations of this chapter which apply to front yards.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles, including not more than
two commercial vehicles, used by the occupants of the premises and
may include space for not more than one passenger vehicle used by
others.
Any garage other than a private garage and which is used
for storage, repair, rental, greasing, washing, lubrication, servicing,
adjusting or equipping of automobiles or other motor vehicles.
Any area of land, including structures thereon, that is used
for the sale of gasoline, other motor vehicle fuel, oil or other lubricating
substances and motor vehicle accessories and which may or may not
include facilities for lubricating, washing or otherwise servicing
motor vehicles, but not including the painting thereof or the storage
of vehicles for any purpose other than servicing with fuel, lubricants
or antifreeze, tire repair and other emergency repairs of a temporary
nature.
[Added 3-6-2008 by L.L. No. 3-2008]
The vertical distance measured from the adjacent
ground elevation of the finished or natural grade, whichever is lower,
at the lowest point where the natural or finished grade meets the
foundation wall to the following points on the building or structure:
For flat roofs or roofs with a slope of 3:12
or lower, height shall be measured to the highest point on the roof.
For mansard roofs, height shall be measured
to the deckline. For purposes of this definition, the deckline is
the point at which the pitch of the roof changes; the inflection point.
For hip, gable or gambrel roofs where the slope
of the roof is higher than 3:12, height shall be measured to a point
midway between the highest ridge of the building and the lowest point
on the corresponding eve.
For other roof shapes, such as domed or vaulted
shapes, height shall be measured to the highest point of the roof.
In no case shall a mansard roof or the parapet
wall of a flat roof extend more than 18 inches above the deckline
or maximum height, whichever is lower.
When referring to a tower or other structure,
the height shall be measured from existing or natural grade, whichever
is lower, to the highest point on the tower or other structure, including
the base pad and any antenna. The height of a wind energy conversion
system shall be measured from such grade to the apex of the blade
in the vertical position.
An accessory use of a service character conducted within
a dwelling by residents thereof, which occupation is clearly secondary
to the dwelling use for living purposes and does not change the character
thereof or have any exterior evidence of such secondary use other
than a permitted nameplate, and in connection with which there is
not involved the keeping of a stock-in-trade.
The home occupation shall be carried on wholly
within the principal or secondary building. Not more than one person
outside the resident family shall be employed. There shall be no exterior
storage of materials used in the home occupation. No offensive noise,
vibration, smoke, dust, odor, light or glare shall be produced.
Home occupations shall be allowed in the following
districts only: R-1, R-AG, R-RB and R-12.
The property lines bounding a lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purpose
of complying with the area and setback regulations of this chapter.
Where a lot abuts upon only one street, the street line shall
be the front lot line. Where a lot abuts upon more than one street
or road, the assessment roll of the Town of Concord shall determine
the front lot line.
Any lot line which is opposite and more or less parallel
with the front lot line. In the case of a lot which comes to a point
at the rear, the rear lot line shall be an imaginary line, 10 feet
in length, entirely within any lot, parallel to and most distant from
the front lot line.
Any lot line which is not a front lot line or a rear lot
line.
Factory-manufactured homes incorporating structures or components
designed for residential occupancy, constructed by a method or system
of construction whereby the structure or component is wholly or in
substantial part manufactured in a factory and is intended for permanent
installation on a building site. Furthermore, said housing is subject
to the applicable requirements and regulations of the United States
Department of Housing and Urban Development (HUD) and/or the New York
State Uniform Fire Prevention and Building Code. Manufactured housing
normally takes the form of either modular homes, panel homes or mobile
homes.
Any activity regulated by the New York State Mined Land Reclamation Law (Environmental Conservation Law Article XXIII, Title 27), including but not limited to the extraction of overburden and minerals from the earth; the preparation and 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 at the mine location so as to make them suitable for commercial, industrial or construction use, exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange or for commercial, industrial or municipal uses; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies or excavations in aid of agricultural activities. For the purpose of this provision, "construction projects" shall mean the excavation, removal and disposition of minerals solely in the furtherance of on-site construction projects which are permitted in the district in which they are to be undertaken and for which a building permit has been lawfully issued.
The geographic location and spatial extent of area intended to be mined and as so designated on a required site plan approved by the Concord Town Board as part of the mining application process described in Article XIX herein.
A moveable or portable 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. A 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 again separated into the components for repeated towing. "Mobile
home" shall mean units designed to be used exclusively for residential
purposes, excluding travel trailers.
As defined pursuant to Local Law No. 2 of 1991, entitled
"A Local Law to License and Regulate Mobile Homes and Mobile Home
Courts in the Town of Concord."[2]
A structure designed primarily for residential occupancy
and constructed by a method or system of construction whereby the
structure or its components are wholly or in substantial part manufactured
in manufacturing facilities, intended or designed for permanent installation,
or assembly and permanent installation.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as motor lodges, auto courts and similar appellations.
Any lawful building or structure or any lawful use of land,
premises, a building or structure which does not conform to the regulations
of this chapter for the district in which such building, structure
or use is located, either at the effective date of this chapter or
as a result of subsequent amendments thereto.
A school designed to provide daytime care or instruction
for two or more children from two to five years of age, inclusive,
and operating on a regular basis.
Any building where persons are housed or lodged and furnished
with meals and nursing care for hire.
The unoccupied area open to the sky on the same lot with
a principal building or structure and/or any accessory building exclusive
of parking areas or driveways. "Open space" also refers to a parcel
or parcels of land or an area of water, or a combination of land and
water, within a site with any or all of such features as common outdoor
recreation areas, woodland areas, parks, playfields, playgrounds,
golf courses, tennis courts, skiing facilities, nature trails, formal
gardens, lakes and swimming pools, camping facilities, unoccupied
areas in a natural state and similar open areas exclusive of streets,
roads and parking areas.
Factory-manufactured housing in which walls, ceilings and
floors are constructed at a factory-manufactured housing plant and
transported as housing components to a housing site to be assembled
thereat to form complete housing units on a permanent foundation.
Furthermore, said housing is subject to the requirements and regulations
of the New York State Uniform Fire Prevention and Building Code.
The above and partially below grade support for the base
of a building or structure extending completely around the perimeter
or base of said building or structure. It shall be composed of poured
concrete or prefabricated concrete components suitable for such above
and partially below grade support or concrete blocks formed together
by mortar or an equivalent bonding material to create and secure a
solid, rigid effect.
A project comprising two or more buildings designed to be
maintained and/or operated as a single unit in a single ownership
or control by an individual, partnership, corporation or cooperative
group, which has certain facilities in common, such as yards and open
spaces, recreation areas and garage and parking areas.
A single-family detached residence in which the residential
occupant has a professional office, such as an architect, accountant,
chiropractor, dentist, doctor of medicine, engineer, insurance agent,
landscape architect, land surveyor, lawyer, osteopath, physiotherapist,
planning consultant, podiatrist, psychologist, realtor or tax specialist,
and which is clearly secondary or accessory to the single-family dwelling
use for living purposes and does not change the residential character
thereof and where not more than one person outside the family is employed.
A system of public water supply and distribution and public
sanitary sewers complete with Health Department approved facilities
for waste disposal.
The conditioning of the land affected by mining to make it suitable for any uses or purposes consistent with the provisions of the New York State Mined Land Reclamation Law (Environmental Conservation Law, Article XXIII, Title 27) and this chapter.
Replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment with like or similar
materials or parts, for the purpose of maintenance of such building,
structure, device or equipment.
A temporary storage space for a vehicle waiting for service
or admission.
A parcel of land or part thereof used for the purpose of
extracting sand, gravel, clay or topsoil for sale, as an industrial
operation, and exclusive of the process of grading a lot preparatory
to the construction of a building for which a legal building permit
has been issued by the Town of Concord.
A public, parochial or private school.
The minimum horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street/road line.
Any structure or part thereof or any device attached to,
painted on or represented on a building or other structure upon which
is displayed or included any letter, work, model, banner, flag, pennant,
insignia, decoration, device or representation used as, or which is
in the nature of, an announcement, direction, advertisement or other
attention-directing device.
A "sign" shall not include a similar structure
or device located within a building except for illuminated signs within
show windows.
A "sign" includes any billboard, but does not
include the flag, pennant or insignia of any nation or association
of nations or of any state, city or other political unit or any political,
charitable, educational, philanthropic, civic, professional, religious
or like campaign, drive or movement or event.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same lot on which the sign is located.
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
illuminated sign shall be considered a flashing sign.
Any sign designed to give forth any artificial lights or
designed to reflect light from one or more sources.
A wind energy conversion system (WECS) that is incidental
and subordinate to another use on the same parcel and that supplies
electrical power solely for on-site use, except that when a parcel
on which a small-scale WECS is installed also receives electrical
power supplied by a utility company, excess electrical power generated
by the small-scale WECS not presently needed for on-site use may be
used by the utility company in exchange for a reduction in the cost
of electrical power supplied by that company to the parcel for on-site
use, as long as the main purpose of the installation is not to produce
net revenue by sale of such excess electrical power.
[Added 3-6-2008 by L.L. No. 3-2008]
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. A basement shall be counted as a story, for purposes of height
measurement, if the ceiling is more than five feet above the average
adjoining ground level or if used for business or dwelling purposes.
A half-story is a story under a sloping roof, having a ceiling height
of seven feet or more for an area not exceeding 1/2 the floor area
of the next lower full story in the building.
Any road, avenue, lane, alley or other way which is an existing
public way or which is shown on an approved plat, or any private right-of-way
or easement approved by the Concord Town Board.
A line separating a lot from a street or road. In any case
where a future street/road line has been established or approved by
the Concord Town Board, such future street or road line shall be considered
as a street/road line for the purposes of determining lot area and
setback requirements.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Any thing constructed or erected which requires permanent
location in or on the ground or attachment to something having such
location, but not including a trailer or mobile home.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
A building or dwelling designed for or occupied by no more
than one family and attached to other similar buildings or dwellings
by not more than two common walls extending from the foundation to
the roof thereof and providing two direct means of access from the
outside. A townhouse is individually owned, with an owner receiving
a deed enabling him/her to sell, mortgage or exchange his/her dwelling
unit independent of the owners of any other dwelling unit attached
thereto by common wall.
A vehicle, other than a mobile home, used as sleeping or
living quarters, whether self-propelled or towed, or a camper body
mounted on a motor vehicle. A "trailer" shall also include any vehicle
towed or used for carrying goods, equipment, machinery or recreational
vehicles or as a site office.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
A wind energy conversion system that is intended solely to
generate electrical power for sale to the power grid.
[Added 3-6-2008 by L.L. No. 3-2008]
Any mechanism designed for the purpose of converting wind
energy into electrical energy. A WECS may include one or more wind
turbines, towers, associated control or conversion electronics, transformers
and/or other maintenance or control facilities or other component
used in the system. A WECS may be either a utility-scale wind energy
conversion system or a small-scale wind energy conversion system.
[Added 3-6-2008 by L.L. No. 3-2008]
That portion of a lot extending open and unobstructed from
the ground upward along a lot line.
On an interior lot, a yard extending for the full length
of the rear lot line between side lot lines; and on a corner lot,
a yard extending along a rear lot line between an interior side line
and a side yard which abuts a street/road.
A yard extending the full length of the front lot line between
side lot lines. The front yard depth of a lot located on a curve shall
be measured from the chord connecting the arc of the front lot line.
A yard extending along a side lot line from the required
front yard to the required rear yard, except that, on a corner lot
where the side lot line abuts a street/road, the side yard shall extend
from the required front yard to the rear lot line.
EXTERIOR SIDE YARDA side yard extending along a street or road line.
INTERIOR SIDE YARDA side yard extending along a lot line of an adjoining lot.
A composite of 23 sectional maps, including all area of the
Town of Concord outside the incorporated Village of Springville, plus
an Index Location Sheet and a Legend of Zoning Map Districts with
descriptions and symbols used on said sectional maps.
Scales used on the sectional maps vary. Affixed
to each sectional map is a stamp which identifies said map as a section
of the Zoning Map of the Town of Concord and indicates the number
of said map to correspond with its number and location as shown on
the Index Location Sheet.
Each of said sectional maps includes, in whole
or in part, the area in the Town of Concord outside any incorporated
village. Any zoning district described on said sectional maps is described
by district boundary and by appropriate district symbols as indicated
in the aforesaid Legend of Zoning Map Districts.
