A.
Word usage.
(1)
Words in the singular include the plural, and words
in the plural include the singular.
(2)
The word "person" includes a corporation, unincorporated
association and a partnership as well as an individual.
(3)
The word "lot" includes "parcel," "plot" and "premises."
(4)
The word "building" includes "structure" and shall
be construed as if followed by the words "or part thereof."
(5)
The word "street" includes "road," "highway" and "land."
(6)
The word "may" is permissive.
(7)
For the words "he" or "she," the masculine gender
shall include the feminine, and the feminine shall include the masculine.
B.
ACCESSORY STRUCTURE OR USE
ADDITION
ADULT BOOKSTORE
ADULT MOTION PICTURE THEATER
ADULT ENTERTAINMENT USES
AGRICULTURAL OPERATIONS
ALTERATION OF BUILDING OR STRUCTURE
ANATOMICAL AREAS
APARTMENT HOUSE
APPURTENANT ACTIVITIES
AREA VARIANCE
AUTOMOBILE SALES
AWNINGS and/or CANOPIES
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BUILDING
BUILDING PERMIT
BUILDING, PRINCIPAL
BULK STORAGE FACILITIES
BUSINESS
CANNABIS RETAIL DISPENSARIES
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
CLEARING
CLEARING, GRADING AND FILLING ACTIVITIES
CLUB BUILDING
CODE ENFORCEMENT OFFICER
CONDITIONAL CERTIFICATE OF OCCUPANCY
CONSERVATION BOARD
CONVENIENCE RESTAURANT
CORNER LOT
CUL-DE-SAC
DAY-CARE CENTER
DENSITY
DISPOSAL
DISPOSAL FACILITY
DISSEMINATION
DOG KENNEL
DRIVEWAY
DUPLEX:
DUST
DWELLING
EASEMENT
EMERGENCY ACCESS LANE
ENGINEER
ENVIRONMENTALLY SENSITIVE AREAS
ENVIRONMENTAL REVIEW
EXCAVATION
EXCAVATION SITE
FAMILY
FENCE
FLAG LOT
FRONTAGE
FRONT LOT LINE
GAS STATION
GRADE
GRADING SKETCH PLAN
GREEN SPACE
GROSS LEASABLE FLOOR AREA
HABITABLE AREA
HEIGHT, BUILDING
HOME OCCUPATION
HOTEL
ILLUMINATED SIGNS
INVASIVE PLANT SPECIES
LANDSCAPED AREA
LIGHTING DEVICE
LOT
LOT DEPTH
LOT WIDTH
MANUFACTURED HOME
MASSAGE
MASSAGE ESTABLISHMENT
MOTELS
MOTOR VEHICLE REPAIR STATION
MULTIPLE DWELLING
NATIVE PLANT MANUAL
NATIVE PLANT SPECIES
NATURAL RESOURCES CONSERVATION EASEMENT
NET FLOOR AREA
NONCONFORMING STRUCTURE OR USE
NURSERY SCHOOL
OBSCENE
OFFICE BUILDING
OPEN SPACE
OPEN SPACE CONSERVATION EASEMENT
OVERLAY ZONING DISTRICT
PARCEL
PERMITTED USE
PLANNED ZONING DISTRICT
PRINCIPAL USE
PRIVATE DRIVE OR ROAD
PUBLIC USES
REAR LOT LINE
RECREATIONAL AREA
RECREATIONAL VEHICLE
RESIDENCE
RESTAURANT
RESTORATION
RIGHT-OF-WAY
(1)
(2)
ROADSIDE STANDS
ROW HOUSE
SCREENING
SELF-STORAGE FACILITY
SETBACK
SEXUAL ACTIVITIES
SHOPPING CENTER
SIDE LOT LINE
SIGN, DIRECTIONAL
SIGNS
SIGN, TEMPORARY
SINGLE-FAMILY DWELLING
SITE-SPECIFIC CONSERVATION EASEMENT
SOLID WASTE MANAGEMENT FACILITY
SPECIAL USE
SPECIAL USE PERMIT
SPECIFIED ANATOMICAL AREAS
STATE ENVIRONMENTAL QUALITY REVIEW (SEQR)
STORAGE AREA
STORY
STREET
STREET OR HIGHWAY LINE
STRUCTURALLY ALTERED
STRUCTURE
SURVEYOR
TOPSOIL
TOWER
TOWN BOARD
TOWNHOUSE
USE
USE, CHANGE OF
USE CLASS
USE VARIANCE
WAREHOUSING FACILITY
WASTE MANAGEMENT FACILITY
WETLANDS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING CODE
ZONING DISTRICT
ZONING MAP
Definitions. Unless otherwise expressly stated, the
following terms shall, for the purpose of this chapter, have the meanings
indicated:
A subordinate structure or use customarily incidental to
and located upon the same lot occupied by the main structure or use.
A structure, room or other enclosure consisting of walls
or floor areas or a roof which is attached to an existing structure
and which becomes an integral part of the existing structure.
A business, whether retail or wholesale, having more than
5% of its net floor space set aside for or more than 5% of the value
of its stock in trade allocated to recordings, books, magazines, periodicals,
films, video tapes/cassettes or other viewing materials for sale or
viewing on or off the premises, which are distinguished or characterized
by their emphasis on matters depicting, describing or related to sexual
activities or specified anatomical areas.
[Added 8-23-1993 by L.L. No. 4-1993]
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by an emphasis on matters depicting, describing or relating to sexual
activities or specified anatomical areas for observation by patrons.
[Added 8-23-1993 by L.L. No. 4-1993]
Generally, any business, including but not limited to those
specifically enumerated in this chapter, which has more than 5% of
its net floor space set aside for or more than 5% of the volume of
its stock in trade devoted to the display, viewing or dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or related to sexual activity or specified anatomical
areas, including but not limited to any establishment that allows
or promotes dancers, performers or employees, whether male or female,
to display specified anatomical areas.
[Added 8-23-1993 by L.L. No. 4-1993]
The process of cultivating crops and/or raising livestock
by tillage of the soil or other agricultural, horticultural or dairying
process.
Any change in the structural members of a building, such
as walls, columns, beams or girders.
Human male or female genitals, human male or female breasts,
pubic area of buttocks with less than a fully opaque covering.
[Added 11-13-1995 by L.L. No. 8-1995]
A structure arranged or designed with a shared entry and
intended to be occupied by three or more families living independently
of each other.
[Amended 7-23-2001 by L.L. No. 4-2001]
All on-site operations located on properties with approved
subdivision or site plans involved in the hauling, treatment, processing
or further fabrication of soil, sand, gravel or natural deposits,
including washing, sedimentation ponds, grading, sorting, grinding
and crushing. Not included in this definition are activities governed
by the Town of Victor Waste Management Facilities Law[1] or the Town of Victor Clearing, Grading and Filling Law[2] or permitted by the DEC.
[Added 12-11-1995 by L.L. No. 12-1995]
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
topographical requirements of the applicable zoning regulations.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles in operable condition.
Movable or fixed ornamental roof-like structures extended
from the face of a structure and constructed of durable materials,
including fabrics, which may contain its own illumination and may
display lettering or other business insignia.
[Added 3-25-1996 by L.L. No. 6-1996]
A level which has more than 1/2 of its story height below
the average finished grade of the ground.
A use incidental to and located within an owner-occupied
residence that accommodates no more than four lodgers, with or without
meals, for compensation.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same zoning lot.
Any structure having a roof supported by columns or walls
used for a shelter or enclosure.
An authorization issued by the Building Department to commence
work on a structure in accordance with approved plats and specifications
and in compliance with the New York State Uniform Fire Prevention
and Building Code.
A building which contains the principal use of the building
site on which it is situated.
The large-scale holding, enclosed or otherwise, of a transportable
product for the exclusive purpose of distribution for future resale.
This excludes storage silos used for on-site agricultural operations
or commodity storage for on-site industrial processing.
Any person, firm, association, partnership, corporation or
other entity for profit.
[Added 8-23-1993 by L.L. No. 4-1993]
A retail facility that sells at retail any cannabis product
authorized for sale under the New York State Marijuana Regulation
and Taxation Act (hereinafter referred to in this chapter as the "Cannabis
Law"), and the sale for which a license is required for an adult-use
cannabis retail dispensary under the provisions of the Cannabis Law.
[Added 2-13-2023 by L.L. No. 2-2023]
A document which certifies that the premises conforms to
the requirements of the Town of Victor Code and the New York State
Uniform Fire Prevention and Building Code or, in the alternative,
are established nonconforming uses.
[Amended 7-23-2001 by L.L. No. 4-2001]
A document which certifies that a structure is habitable
and constructed in conformance with the New York State Uniform Fire
Prevention and Building Code, the Multiple Residency Law and other
applicable codes.
The removal by any means, including grubbing, burning or
stripping, of the vegetative cover of the ground or the topsoil, soil
or earth, turf and other similar substances.
[Added 4-28-1997 by L.L. No. 9-1997]
All on-site operations involving the clearing and/or redistribution
of the vegetative cover, topsoil, soil or earth, turf and other similar
substances from their natural location that are not conducted in accordance
with an approved subdivision or site plan; not governed as an appurtenant
activity by the Town of Victor Zoning Code and Subdivision Regulations;
and not governed under Article 23 of the New York Environmental Conservation
Law, including the New York State Mined Land Reclamation Law.[3] "Activities" within this definition include the use of
fill or topsoil, whether originating on the premises or elsewhere,
for the purpose of filling to establish grade and/or to improve the
general site area.
[Added 4-28-1997 by L.L. No. 9-1997]
A facility catering exclusively to members and their guests,
including premises and buildings for recreational or athletic purposes
which are not conducted primarily for gain, provided that there are
not conducted any vending stands or merchandising or commercial activities
except as required generally for the membership and purposes of such
club.
The individual designated by the Town Board of the Town of
Victor to administer the provisions of this chapter.
A certificate of occupancy that has specific conditions attached
that may have time frame restrictions and/or occupancy restrictions.
[Added 10-15-2002 by L.L. No. 9-2002]
An environmental research and advisory board created by the
Town Board pursuant to Article 12F of the General Municipal Law. The
Board reviews and makes recommendations to the Planning Board on natural
and physical environmental factors for projects under review by the
Planning Board. It also makes recommendations of significance determination
pursuant to the State Environmental Quality Review Act[4] and Part 617 of the New York Codes, Rules and Regulations.
Any establishment whose principal business is the sale of
foods or beverages to the customer in a ready-to-consume state either
for consumption within the restaurant building or for carryout with
consumption off the premises and with said products served in edible
containers or in paper, plastic or other disposable containers.
A lot or portion of a lot at the junction of and abutting
on two intersecting streets.
A minor street with one end open for vehicular traffic and
pedestrian access and the other end terminating in a vehicular turnaround.
A facility duly permitted by the New York State Department
of Social Welfare for the care of seven or more children for less
than 24 hours each day.
The number of living units permitted per acre of land.
The placement, distribution, removal, discharge, deposit,
injection, spilling, dumping or leaking of a solid waste, or any constituent
thereof, in, onto, in or under any land, surface water or groundwater;
and the storage of solid waste on, onto, in or under any land, water
or structure, except at the site of generation.
[Added 12-11-1995 by L.L. No. 10-1995]
A solid waste management facility at which disposal occurs.
[Added 12-11-1995 by L.L. No. 10-1995]
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activities or specified anatomical areas.
[Added 8-23-1993 by L.L. No. 4-1993]
The harboring of two or more dogs aged six months or older
as a commercial enterprise.
Undedicated common and individual driveways are an access
point used as ingress and egress for not more than three properties
which are not fronting on a dedicated road or street or front on a
dedicated road but have common or shared access in compliance with
Chapter 56, Access Management. The creation of a common or shared
driveway requires reciprocal easements and a common maintenance agreement.
[Amended 7-26-2004 by L.L. No. 9-2004; 8-26-2019 by L.L. No. 9-2019]
[Amended 7-23-2001 by L.L. No. 4-2001]
Solid particles capable of being suspended in the air. "Dust"
generally consists of larger particles than those that comprise smoke
or mist.
A building or portion thereof designed or used as the living
quarters for one or more families or for individuals. The term "dwelling"
shall not be deemed to include a motel, hotel, boardinghouse or recreational
vehicle.
A specified limited real property right over a specified
portion of a piece of real property.
A secondary means of access to a parking lot.
A person licensed as an engineer by the State of New York.
Land or land features critical to the maintenance of ecosystems
as defined by the Town of Victor. "Environmentally sensitive areas"
include but are not limited to wetlands, floodplains, steep slopes,
woodlands and watercourses.
See "State Environmental Quality Review (SEQR)."
The process of the removal or stockpiling of sand, gravel,
soil (including topsoil) or other natural deposits by stripping, digging
or other means.
A parcel of land used for the purpose of extracting stone,
sand, gravel or topsoil for sale as an industrial or commercial operation.
Any number of individuals living together as a single housekeeping
unit occupying a single housekeeping unit.
A constructed barrier erected to enclose, screen, separate
or decorate areas of land, including but not limited to walls, trees,
hedges and earth berms.
[Amended 6-8-2009 by L.L. No. 7-2009]
An approved lot having less lot frontage on the access road
or private drive than otherwise normally required for the zoned district,
but in no instances less than 20 feet in lot frontage, that provides
access to the interior portion of the "flag lot" which contains the
minimum lot area requirements for said district. The access portion
of the flag lot shall not be considered buildable and may not be used
in calculation of the minimum lot area requirements or in determining
required setbacks for the zoned district.
[Amended 9-22-1997]
The extent of a lot along a public street or highway measured
along the joint boundary line between a lot and street or highway
right-of-way.
[Added 5-13-1996 by L.L. No. 11-1996]
The line of the lot closest to the street corresponding with
or approximately parallel to the street providing access to the lot.
Any area of land, including any structure or structures thereon,
that is or are used or designed to be used for the supply of gasoline
or oil or other fuel for the propulsion of vehicles.
The average level above mean sea level, as defined by the
United States Geological Survey or other datum as approved by the
Town, of the finished surface of the ground adjacent to the exterior
walls of the building.
A plan showing the location of areas to be graded, filled
or cleared and which includes, at a minimum, the property lines of
the area, existing structures and the final contours and drainage
after grading, filling or clearing activities have been completed.
[Added 4-28-1997 by L.L. No. 9-1997]
Retained mature vegetation as well as landscaped areas.
[Added 8-25-1997 by L.L. No. 10-1997]
The total floor area designed for tenant occupancy and exclusive
use, including any basements, mezzanines or upper floors, as expressed
in square feet and measured from the center line of joint partition
and outside wall faces.
The total area taken on a horizontal plane at the main grade
level of the foundation wall and subsequent multiple levels above
the foundation, exclusive of porches, steps, terraces and exterior
fireplaces. This is the area of a building designed to be occupied
by one or more persons for year-round living, sleeping, eating or
cooking.
The vertical distance measured from grade level to the highest
level of a flat roof or to the average height of a pitched, gabled,
hip or gambrel roof, excluding bulkheads and mechanical penthouses,
provided that they are less than 12 feet in height and do not occupy
more than 10% of the area of the roof upon which they are located.
Any use customarily conducted entirely within a dwelling
and/or an accessory structure, on the same lot as the primary residence,
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for the dwelling purposes
and does not change the character thereof. The conduct of the following
shall not be deemed to be home occupations or professional offices:
[Amended 7-23-2001 by L.L. No. 4-2001]
A building designed for occupancy as a temporary residence
of individuals who are lodged with or without meals. No cooking is
provided in any individual rooms or suites, unless such hotel offers
extended-stay service and is equipped with a sprinkler system that
serves each individual room or suite.
[Amended 5-14-2007 by L.L. No. 8-2007]
A sign illuminated by a concealed light source and of a permitted
size as per local code.
[Added 3-25-1996 by L.L. No. 6-1996]
Any species of plant that thrives in areas beyond its natural
range of dispersal. These plants are characteristically adaptable,
aggressive, and have a high reproductive capacity. Their durability,
along with their lack of natural predators, often leads to outbreak
populations. Invasive plant species include, but are not limited to,
those species set forth at Table 5 of the Native Plant Manual.
[Added 1-23-2012 by L.L. No. 2-2012]
That area of a site plan not consisting of structures or pavement. "Landscaped area" shall consist of those areas on a site plan that are planted, seeded or provide similar vegetative and landscaped cover, including ponds. All landscaped areas shall be consistent with native plant requirements set forth at § 211-45.
[Added 2-13-1995 by L.L. No. 2-1995; amended 1-23-2012 by L.L. No. 2-2012]
A device used for the purpose of illumination of an area
and/or object.
[Added 3-25-1996 by L.L. No. 6-1996]
Land identified by legal description or tax account number
which is filed or proposed to be filed in the County Clerk's office.
A "lot" is considered to be a unit of transfer or a unit for development.
This term also is used in reference to a parcel of land which is or
may be occupied by a structure or use with accessories thereto, including
the open spaces thereon but excluding any part thereof within the
bounds of a highway.
The distance between straight lines connecting front and
rear lot lines at each side of the lot, measured at the setback line;
provided, however, that lot width measured along the front lot line
shall not be less than 80% of the required minimum lot width.
A dwelling unit that is assembled at an off-site location
in such a way that it can be transported to a permanent foundation
and meets all New York State Uniform Fire Prevention and Building
Code and New York State Energy Conservation Construction Code requirements
and utility hookups.
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
[Added 8-23-1993 by L.L. No. 4-1993]
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include a hospital, nursing home, medical clinic or the office
of any health care practitioner duly licensed by the State of New
York, nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulders. This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facility.
[Added 8-23-1993 by L.L. No. 4-1993]
A series of structures for rental purposes where each unit
has convenient access to parking space for the unit's occupants. The
units, with the exception of the manager's or caretaker's, are designed
to provide sleeping accommodations for automobile transients or overnight
guests. No cooking is permitted in individual rooms or suites.
A lot or structure available to the public and operated for
commercial gain which is used for the storage, lubricating, washing,
equipping, servicing, repair or modification of motor vehicles, including
but not limited to engine or transmission rebuilding or repair; body
or frame straightening or repair; painting, refinishing or undercoating;
or installation or repair of tires, glass, upholstery or radio or
audio equipment.
A structure arranged, intended or designed to be occupied
by three or more families living independently of each other, exclusive
of row houses.
The manual entitled "Town of Victor Native Plant Manual,"
second edition, updated by the Conservation Board in 2018, and all
future editions; based on the manual entitled "Using Native Plants
in Commercial, Urban and Suburban Landscapes" written by James P.
Engel. This manual is made part of the Town of Victor Design and Construction
Standards for Land Development and is available for review at the
Town Clerk's office and is also available electronically via the Town
of Victor website.
[Added 1-23-2012 by L.L. No. 2-2012; amended 6-25-2018 by L.L. No. 8-2018]
Any species of indigenous plant that existed east of the
Mississippi River prior to European settlement, including but not
limited to those species set forth at Tables 1, 2 and 3 of the Native
Plant Manual.
[Added 1-23-2012 by L.L. No. 2-2012]
A conservation easement which protects natural resources
by generally requiring that the land remain in its natural state.
[Added 8-27-2012 by L.L. No. 15-2012]
That portion of the building devoted to display, whether
for viewing or dissemination, of a business' stock in trade. This
shall not include entry areas, stockrooms, closets, storage areas,
cash register areas or any area from which the public is excluded
or rest-room, whether public or private.
[Added 8-23-1993 by L.L. No. 4-1993]
A structure or use of land legally existing at the time of
the enactment of this chapter which does not comply with the regulations
set forth herein for the district in which it is situated.
A place provided or designed to provide daytime care or instruction
for three or more children from three to five years of age away from
their home for up to five hours per day.
Any material or portrayal is obscene if the average person,
applying contemporary community standards, would find that, considered
as a whole, its predominant appeal is to prurient interest in sex
and it depicts or describes, in a patently offensive manner, actual
or simulated sexual intercourse, sodomy, sexual bestiality, masturbation,
sadism, masochism, excretion or lewd exhibition of the genitals and,
considered as a whole, it lacks serious literary, artistic, political
and scientific value.
[Added 7-26-1999 by L.L. No. 8-1999]
A building comprised of offices as the primary use, compared
with home occupations, where an office is considered as a secondary
or incidental use.
[Amended 7-23-2001 by L.L. No. 4-2001]
An area retaining vegetative cover. An "open space" area
may be left in its natural state, landscaped or used for outdoor recreational
facilities such as golf courses, playfields or picnic areas.
A conservation easement which protects open space by generally
prohibiting impervious areas, such as pavement and buildings, among
other prohibitions.
[Added 8-27-2012 by L.L. No. 15-2012]
A special zoning district, placed over an existing base zone(s),
which identifies special provisions in addition to those in the underlying
base zone. The overlay district can share common boundaries with the
base zone or cut across base zone boundaries.
[Added 10-15-2019 by L.L.
No. 11-2019]
An area of land defined by a tax map number or by metes and
bounds.
A type of land use that is authorized by right for a particular
zoning district, assuming only that it meets standard development
criteria. Such a use requires no action by the Zoning Board of Appeals
before a permit is granted by the Code Enforcement Officer, subject
to all other applicable provisions of this chapter.
A zoning district whose requirements are completely set forth
in a municipal zoning code but that is initially unmapped. The "planned
zoning district" remains unmapped until application is made by a prospective
developer and approval is granted by the Town Board for the zone to
be applied to a particular parcel of land, provided that the development
meets all of the requirements described in the code.
The primary purpose or use of a parcel of land or a structure
or structures.
An undedicated access point or thoroughfare serving four or more lots, and consistent with Town of Victor Design and Construction Standards for dedicated roads and streets and Chapter 55, Access Management.
[Amended 7-26-2004 by L.L. No. 9-2004; 8-26-2019 by L.L. No. 9-2019]
Any public use of an education, religious or cultural nature,
such as churches, schools, colleges, universities, libraries, museums
and cemeteries.
[Added 2-13-1995 by L.L. No. 2-1995]
The line that is opposite from the front lot line and also
farthest in distance from the front lot line.
An area used for profit or nonprofit activities which provides
leisure entertainment for those observing or participating.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use which either has
its own motive power or is mounted on or drawn by another vehicle.
A detached building or a portion of a building designed for
or occupied exclusively by one family living together as a housekeeping
unit, with cooking, sleeping and toilet facilities therein.
An establishment where food is sold for consumption on the
premises and where the taking of food from the building is incidental.
The term "restaurant" shall include bars and taverns licensed to sell
alcoholic beverages for on-premises consumption.
The restoration to an environmentally acceptable natural
state of an area which has undergone physical change due to stripping
and grading activities.
[Added 4-28-1997 by L.L. No. 9-1997]
PRIVATE RIGHT-OF-WAYLand owned by a nonpublic agency or organization and occupied or intended to be occupied by transmission mains, gas pipe lines, rails or other special use.
PUBLIC RIGHT-OF-WAYLand owned by public agencies for use as a street or other public purpose.
A permanent or temporary structure for the sale of agricultural
products produced on premises.
A building consisting of a series of noncommunicating one-family
sections having a common wall between each two adjacent sections with
a straight unbroken front elevation and roof line. "Row houses" are
prohibited in the Town of Victor. "Row houses" differ from townhouses,
which are defined elsewhere in this article.
The use of landscape planting, fences or other structures
to obscure vision of incompatible land use or to prevent outdoor lighting
from intruding on neighboring property or to create privacy.
A building or group of buildings divided into separate compartments
used to meet the storage needs of businesses, apartment dwellers,
and other residential uses. Access to individual compartments may
be from the interior or exterior and may be climate controlled. The
compartment is controlled by the renter. These facilities may also
be known as mini-storage, self-storage, and public-storage. Warehouses
are not included in this definition.
[Added 10-23-2017 by L.L.
No. 8-2017]
The distance between the street line or rear or side lines
of the lot and the front, rear or side lines of the structure. All
measurement shall be at right angles to or radially from the lot lines
to the nearest portion of the structure lines. The access portion
of the flag lot shall not be used in determining setback distances.
[Amended 2-13-1995 by L.L. No. 2-1995; 9-22-1997 by L.L. No. 12-1997]
Any act of masturbation, fellatio, sadomasochism, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area or buttocks.
[Added 8-23-1993 by L.L. No. 4-1993]
A group of stores, shops and similar establishments occupying
adjoining structures, all of which may be deemed one building if designed
as an architectural unit and if it has adequate space in the rear
for loading and unloading commodities.
A line that extends from the front to the rear lot line and
separates a lot from an adjacent lot that faces on the same street.
A sign indicating direction of traffic movement with no graphics.
Traffic signs indicating business activities are prohibited.
[Added 2-13-1995 by L.L. No. 2-1995; amended 7-23-2001 by L.L. No. 4-2001]
Any material, structure or device or part thereof composed
of lettered, numbered or pictorial matter which is located out-of-doors
or on the exterior of any building or indoors as a window sign displaying
an advertisement, announcement, notice or name, and shall include
any declaration, demonstration, display, representation, illustration
or insignia used to advertise or promote the interests of any person
or business or cause when such is placed in view of the general public.
A sign related to a single activity or event having a duration
of no more than 45 days, but not to exceed 90 days within a twelve-month
period.
[Amended 7-23-2001 by L.L. No. 4-2001]
A housing unit intended for occupancy by one family. It is
considered to be a single-family detached unit if it is a freestanding
structure.
A conservation easement which protects a combination of open
space and natural resources.
[Added 8-27-2012 by L.L. No. 15-2012]
Any facility employed beyond the initial solid waste collection
process and managing solid waste, including but not limited to: storage
areas or facilities; transfer stations; rail-haul or barge-haul facilities;
landfills; disposal facilities; solid waste incinerators; refuse-derived
fuel processing facilities; pyrolysis facilities; construction and
demolition debris processing facilities; land application facilities;
composting facilities; surface impoundments; used oil storage, reprocessing,
and re-refining facilities; recyclables handling and recovery facilities;
waste tire storage facilities and regulated medical waste treatment
facilities. The term includes all structures, appurtenances, and improvements
on the land used for the management or disposal of solid waste.
[Added 12-11-1995 by L.L. No. 10-1995]
A use which, because of its unique characteristics, requires
individual consideration in each case by the Planning Board before
it may be permitted in the district in which application has been
made.
[Amended 7-26-1999 by L.L. No. 8-1999]
A permit granted by the Planning Board for a land use identified
in this chapter as requiring this permit.
[Amended 7-26-1999 by L.L. No. 8-1999]
Human male or female genitals, pubic areas or buttocks with
less than a full opaque covering.
[Added 8-23-1993 by L.L. No. 4-1993]
A formal review pursuant to Part 617 of the New York Codes,
Rules and Regulations which encourages productive and enjoyable harmony
between man and his environment to promote efforts which will prevent
or eliminate damage to the environment and enhance human and community
resources and to enrich the understanding of the ecological systems
and natural, human and community resources important to the people
of the Town of Victor.
A defined area, generally outdoors, provided for the use
of the businesses onsite, to place items used in the conducting of
daily business, with the exception of items for sale, wholesale or
retail.
[Added 10-23-2017 by L.L.
No. 8-2017]
The portion of a building which is between one floor and
the next higher level or the roof. If a mezzanine floor area exceeds
1/3 of the area of the floor immediately below, it.shall be deemed
a "story."
[Amended 7-23-2001 by L.L. No. 4-2001]
A general term used to describe a right-of-way, publicly
or privately owned, serving as a means of vehicular and pedestrian
travel and furnishing space for public utilities, shade trees and
other improvements. The "street" provides a principal means of access
to abutting property.
The line which is the joint boundary line between a lot and
a street or highway right-of-way.
Anything constructed or erected which requires permanent
support or attachment to the ground or beneath the ground.
A person licensed as a land surveyor by the State of New
York.
The layer surface of material which is not less than six
inches deep and which is capable of nurturing vegetation.
[Added 12-11-1995 by L.L. No. 12-1995; amended 4-28-1997 by L.L. No. 9-1997]
Includes any structure, including a dish antenna, whether
attached to a building or freestanding and whether guyed or self-supporting,
designed to be used as or for the support of devices to be used for
the transmission and/or reception of radio frequency signals or microwave,
such as but not limited to broadcast, shortwave, citizens band, cellular
communications, paging, FM or television signals. "Towers" also include
wind-driven devices such as energy converters and wind speed and/or
direction indicators.
The municipal governing board of the Town of Victor.
A residential building consisting of a series of noncommunicating
one-family units having a common party wall between units. Each unit
has private outside entrances, separate front and rear yards and separate
utilities and is located on a separate recorded lot.
The purpose for which any structure or any part thereof and
the premises or any part thereof is occupied or intended to be occupied
and/or, if either is unoccupied, the purpose for which they may be
used.
[Amended 7-23-2001 by L.L. No. 4-2001]
Any proposed change to the current use that has the potential to negatively affect the site on any item, but not limited to those items that are part of the site plan review process. [See: § 211-31A(1) through (15).]
[Added 7-23-2001 by L.L. No. 4-2001]
A classification of land use. It is used to identify and
define types of land uses for the purpose of regulation.
The authorization by the Zoning Board of Appeals for the
use of land in a manner or for a purpose which is otherwise not allowed
or is prohibited by the applicable zoning regulations.
A facility that engages in the temporary storage of bulk
commercial material, wholesale goods, or retail items for redistribution.
The facility is enclosed and is frequented by commercial trucks delivering
and removing material from the facility. No manufacturing shall be
conducted or associated with a warehousing facility. "Distribution
center" or "facility" are considered to be the same as a warehousing
facility.
[Added 10-23-2017 by L.L.
No. 8-2017]
Any solid waste management facility, except disposal facilities.
The term includes all structures, appurtenances, and improvements
on the land used for the management of waste.
[Added 12-11-1995 by L.L. No. 10-1995]
Freshwater wetlands, including lands and submerged lands
commonly called "marshes," "swamps," "sloughs," "bogs" and "flats,"
supporting aquatic and semiaquatic species identified in Article 24
of the New York State Environmental Conservation Law or by the Town
of Victor.
A part of a lot; an unoccupied area intended to remain open
that is located between a lot line and the building or buildings on
the lot.
The yard on an occupied building lot that lies between the
front lot line and an imaginary line that is drawn across the lot
at the point at which the building is closest to the front lot line.
A "front yard" spans the full width of a building lot. On a corner
lot, both of the yards bordering the street will be considered to
be "front yards."
The required unoccupied space measured perpendicularly from
the rear lot line to the nearest part of the main or accessory structure
on the premises. In the case of through lots, there will be no "rear
yards," but only front and side yards.
A yard located between a side lot line and line parallel
to that side lot line passing through the portion of the building
that is closest to that lot line. Generally, a "side yard" extends
from the front yard to the rear yard.
The officially adopted Local Law No. 3-1992 entitled the
"Town of Victor Zoning Code, as amended."
A portion of a community that is officially delineated on
the Zoning Map and is subject to a particular set of land use requirements
set forth in the Zoning Code. These requirements, which are uniform
throughout the district, control permitted uses as well as intensity
of development and arrangement of buildings on the land.
The officially adopted map of the Town of Victor which shows
the boundaries of the zoning districts.
