The following terms are specifically defined. As used
in this chapter, the following words shall have these meanings:
ABOVEGROUND TANK
Any stationary tank which is not entirely covered with earth
or other backfill material.
ACCESSORY BUILDING
A building situated on a lot, subordinate to the main building
on the same lot, and used for purposes customarily incidental and
subordinate to said main building.
ACCESSORY STRUCTURE
A structure the use of which is incidental to the principal
use of the main structure and which is attached thereto or located
on the same lot.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of buildings and located on the same lot (i.e., a garden is accessory
to a residence). For the purposes of this chapter, a family day-care
home, roadside stand and home occupation (as defined herein) shall
be considered accessory uses to a principal use on a lot; however,
they and other accessory uses may be subject to additional requirements
and review provisions set forth in this chapter (i.e., a Home Occupation
II requires issuance of a special use permit).
ADULT CARE
The provision of temporary or long-term residential care
and services to adults who, though not requiring continual medical
or nursing care as provided by facilities licensed or operated pursuant
to Article 28 of the Public Health Law or Articles 19, 23, 29, and
31 of the Mental Hygiene Law, are, by reason of physical or other limitations associated
with age, physical or mental disabilities or other factors, unable
or substantially unable to live independently.
ADULT CARE FACILITY
A facility, other than a family-type home, which provides
adult care. For the purposes of this chapter an adult care facility
shall include the following: adult home, enriched housing program,
residence for adults, shelter for adults, public home and private
proprietary adult care facility as defined by the New York State Department
of Social Services, Chapter II, Subchapter D, Part 485.
ADULT USE
The definitions associated with adult uses are contained in §
235-49.
AGRICULTURAL USE
Any parcel of land containing at least five acres used for
the raising of food products or other useful or valuable growths of
the field or garden for sale, together with dairying, raising of livestock
and poultry, and other generally accepted agricultural practices,
where the same is carried on as a business or otherwise for profit.
(1)
Such uses shall include the establishment of
necessary farm structures within the prescribed limits, and the storage
of equipment used in connection therewith.
(2)
Agricultural uses shall exclude the raising
of fur-bearing animals, riding academies, public stables or dog kennels.
ALTERATION
Structural changes, rearrangements, change of location, or
addition to a building, other than repairs and modification in building
equipment.
AMUSEMENT GAME
Any mechanical, electric or electronic device used or designated
to be operated for entertainment or as a game by the insertion of
a coin, slug, token, plate, disc, key or any other article into a
slot, crevice, or other opening or by paying money to have it activated.
Not included are rides, bowling alleys, any device maintained within
a residence for the not-for-profit use of occupants thereof and their
guests, any gambling device, or jukeboxes.
ANIMAL SHELTER
A building or land used for the temporary harboring of stray
or homeless dogs, cats, and other similar household pets, together
with facilities for the provision of necessary veterinary care and
adoption of the harbored animals.
ANIMAL WASTE STORAGE FACILITY
Any building, structure, pond, lagoon or yard for the bulk
storage of animal waste for eventual removal and/or dispersion.
ANTENNA
An arrangement of wires or metal rods used in transmitting
or receiving electromagnetic waves.
AQUIFER
A geologic formation, group of formations, or part of a formation
that contains sufficient saturated permeable material to yield adequate
quantities of groundwater to the wells.
AQUIFER RECHARGE AREA
The surface and subsurface land areas that collect precipitation
or surface water and transmit this water to an aquifer.
AREA OF SPECIAL FLOOD HAZARD
Land subject to a one-percent or greater chance of flooding
in any given year and part of Zone A on the Flood Hazard Boundary
Map (FHBM) or Flood Insurance Rate Map (FIRM).
AREA VARIANCE
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of this chapter.
ARTERIAL HIGHWAY
A highway which collects and distributes traffic to and from
minor highways. For the purposes of this chapter the following highways
shall be considered arterial highways within the town: New York State
Route Nos. 5, 33, 63 and 98.
AUCTION HOUSE
An enclosed place or establishment conducted or operated
for compensation or profit as a private or public market where items
are offered for sale through competitive bidding. The term "auction
house" shall not include on-premises estate, foreclosure, real estate
or personal property sales conducted upon the estate, foreclosed or
for-sale property or property belonging to the personal property owner.
The term "auction house" shall not include flea markets, yard sales
or livestock markets defined or regulated elsewhere or sheriff's or
bank repossession sales.
[Added 2-20-2008 by L.L. No. 2-2008]
BED-AND-BREAKFAST
An owner-occupied one-family dwelling in which a room or
rooms are rented on a nightly basis for periods of less than two weeks.
Meals may or may not be provided.
BOARDINGHOUSE
An owner-occupied dwelling wherein more than three nonrelated,
nontransient people are sheltered for profit.
BOARD OF APPEALS
The officially designated Town of Batavia Board of Appeals
as established by the Town Board in accordance with § 267
of Town Law.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
machinery, equipment or other material.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the street
line or, if there are street lines on two or more sides of the building,
the line of that face of the building fronting on that street line
where the principal entrance is located. This face includes decks
and porches but does not include steps.
BUILDING, HEIGHT OF
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.
BUILDING INSPECTOR
The Building Inspector of the Town of Batavia as appointed
by the Town Board. Whenever the term "Building Inspector" appears
in this chapter, it shall be interpreted to mean "and/or the Code
Enforcement Officer."
[Amended 12-21-2011 by L.L. No. 2-2011]
BUILDING PERMIT
A permit issued by the Code Enforcement Officer stating that
plans for the proposed construction of a building are in conformance
with the Uniform Fire Prevention and Building Code.
BUILDING, TEMPORARY
A temporary building or temporary structure erected, constructed
or placed upon the premises for a period not exceeding nine months.
All other buildings or structures shall be deemed permanent for the
purposes of this chapter.
CAMPGROUND
Land on which is located one or more cabins, trailers, shelters,
houseboats or other accommodations for seasonal or temporary living
purposes, excluding mobile homes.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Building Inspector upon completion
of construction, alteration or change in occupancy or use of a building
or land. Said certificate shall acknowledge compliance with all the
requirements of this chapter only and any adjustments thereto granted
by the Board of Appeals.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Code Enforcement Officer upon
completion of construction, alteration or change in occupancy or use
of a building. Said certificate shall acknowledge compliance with
all the requirements of the New York State Uniform Fire Prevention
and Building Code.
CHILD DAY CARE
Care for a child on a regular basis provided 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 (blood relationship) of the parents or stepparents
of such child. "Child day care" does not refer to care provided in:
(1)
A summer day camp, traveling summer day camp
or children's overnight camp as defined in the State Sanitary Code;
(2)
A program for school-age children operated solely
for the purpose of religious education, sports, classes, lessons or
recreation;
(3)
A facility providing day service under an operating
certificate issued by the New York State Department of Social Services;
(4)
A facility providing day treatment under an
operating certificate issued by the Office of Mental Health or by
the Office of Mental Retardation and Developmental Disabilities; or
(5)
A kindergarten, prekindergarten or nursery school
for children three years of age or older, or a program for school-age
children three years of age or older, or a program for school-age
children conducted during nonschool hours, operated by a public school
district or by a private school or academy which is providing elementary
or secondary education or both in accordance with the compulsory education
requirements of the Education Law, provided that such kindergarten,
prekindergarten, nursery school or program is located on the premises
or campus where the elementary or secondary education is provided.
CHILD DAY-CARE CENTER
A program or facility in which child day care is provided
on a regular basis to more than six children for more than three hours
per day per child for compensation or otherwise, except those programs
operating as a group family day-care home, a family day-care home,
or school-age child care program, as defined in this section.
CLUB
An organization established pursuant to the New York Not-For-Profit
Corporation Law for a social, educational, or recreational purpose,
catering exclusively to members and their guests, whose activities
are not conducted primarily for profit.
CLUSTER DEVELOPMENT
A development of residential lots, each containing less area
than the minimum lot area required for the zone within which such
development occurs, while maintaining the overall density limitation
imposed by said minimum lot area through the provision of open space
as part of the site development plan.
CODE ENFORCEMENT OFFICER
The Code Enforcement Officer as appointed by the Town Board.
who shall have all qualifications, duties and powers to administer
and enforce all of the provisions in this chapter in the same manner
as the Building Inspector.
[Added 12-21-2011 by L.L. No. 2-2011]
COMMERCIAL COMMUNICATION TOWER
A structure, including one or more antennas, that is intended
for transmitting and/or receiving radio, television, telephone or
microwave communications but excluding those used either 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 communications.
COMMERCIAL EXCAVATION (MINING)
A lot or part thereof used for the purpose of excavation,
processing or sale of sand, gravel, or clay, or other natural mineral
deposits or the quarrying of any kind of rock formation, and exclusive
of the process of grading a lot preparatory to the construction of
a building for which a building permit application has been filed.
Commercial excavation shall be divided into two categories based on
the scale and type of operation as follows:
(1)
MAJOR EXCAVATIONAll excavations requiring a New York State mined land reclamation permit shall be considered major excavations.
(2)
MINOR EXCAVATIONAll excavations not requiring a New York State mined land reclamation permit shall be considered minor excavations.
COMMERCIAL WIND ENERGY SYSTEM
A wind energy system that is operated primarily (51% or more)
to put energy into the electric grid, and/or has a nameplate capacity
of more than 50 kilowatts (kW), and/or a total height of more than
175 feet, and/or a blade length of more than 30 feet.
[Added 2-20-2008 by L.L. No. 2-2008]
COMMUNITY CENTER
A meeting hall or place of assembly not operated primarily
for profit.
COMMUNITY RESIDENCE
A supervised community home operated in compliance with the
New York State Mental Hygiene Law which houses not more than 14 individuals
and provides client supervision on a twenty-four-hour basis. For the
purposes of this chapter an approved community residence as defined
herein is considered a one-family dwelling.
CONE OF DEPRESSION
The usually inverted, cone-shaped depression in the water
table that occurs due to the pumping of a well. The outermost limit
of the cone of depression is a figure, generally circular in shape,
defined by the point(s) where the elevation of the water table is
no longer affected by the pumping of the well; also the vertical projection
of that figure onto the land surface.
CONTRACTOR'S YARD
Businesses engaged in construction of buildings and structures,
remodeling and repairs to existing buildings and structures, electrical
services, plumbing services, excavation and grading services, roofing
and siding services, masonry services, paving services, well drilling,
sewage disposal system installation and services, and other similar
services.
COVERAGE
That percentage of the lot area covered by the combined area
of all buildings or structures on the lot.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations,
which change could lead to increased flood damage, excluding normal
maintenance to farm roads.
DISPOSAL
The discharge, deposit, injection, dumping, spilling, leaking,
or placing of any solid waste, radioactive material, hazardous waste,
or wastewater into or on any land or water so that such solid waste,
radioactive material, hazardous waste, or wastewater will remain on
the land or water and will not be removed.
DISPOSAL TRANSFER STATION
A solid waste management facility, other than a recyclables
handling and recovery facility exclusively handling nonputrescible
recyclables, that can have a combination of structures, machinery,
or devices, where solid waste is taken from collection vehicles and
placed in other transportation units for movement to another solid
waste management facility.
DOWNGRADIENT
Portions of a lot defined by areas of lower land surface
elevation with respect to the elevation of other portions of the same
lot. In general, groundwater flows from areas of higher elevation
(upgradient areas) to areas of lower elevation (downgradient areas).
(See definition of "upgradient.")
DRIVE-IN BUSINESS
Includes a drive-in restaurant, refreshment stand, bank,
car wash and the like where patrons are typically served in, or near,
their motor vehicles.
DWELLING
A building, including a modular home, designed or used exclusively
as permanent living quarters for one or more families. The term shall
not be deemed to include an automobile court, hotel/motel, boardinghouse,
mobile home, tourist home, tent or recreational vehicle.
DWELLING, ONE-FAMILY
A building containing one dwelling unit only. (Double-wide
or triple-wide mobile homes designed and built at the factory to be
combined on site and with a minimum width of 20 feet and minimum area
of 720 square feet shall be deemed to be one-family dwellings for
the purpose of this chapter.)
DWELLING, TWIN HOME
A two-family dwelling in which a lot line passes between
the units along a common wall.
[Added 2-20-2008 by L.L. No. 2-2008]
DWELLING UNIT
A building, or portion thereof, providing complete housekeeping
facilities (kitchen, bath, living and sleeping areas) for one family.
DWELLING UNIT, PRIMARY
A dwelling, or portion thereof, providing complete living
facilities for one family, and which occupies a space equal to or
greater than 50% of the total available living space within a structure.
ECHO UNIT
A separate, detached, temporary dwelling unit, with its own
cooking, sanitary and sleeping facilities, accessory to a single-family
dwelling, for the use of and occupied by the elderly relatives of
the occupants of the one-family dwelling. Such unit shall be constructed
and installed in accordance with the requirements of Chapter B of
the New York State Uniform Fire Prevention and Building Code and shall
not be a mobile home.
FAMILY
One or more persons who live together in one dwelling unit
and maintain a common household. It may consist of a single person
or of two or more persons, whether or not related by blood, marriage
or adoption. It may also include domestic servants and gratuitous
guests.
FAMILY DAY-CARE HOME
A family home which is a personal residence and occupied
as a family residence which provides child day care on a regular basis
for more than three hours per day per child for three to six children
for compensation or otherwise, as provided for under the New York
State Department of Social Services. The name, description or form
of the entity which operates a family day-care home does not affect
its status as a family day-care home. For the purposes of this chapter,
a family day-care home shall be considered an accessory use to a one-family
dwelling.
FAMILY-TYPE HOME
Adult care operated and provided for the purpose of providing
long-term residential care, room, board and personal care and/or supervision
to four or fewer adult persons unrelated to the operator. For the
purposes of this chapter a family-type home shall be considered a
home occupation.
FARM
See "agricultural use."
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials,
or natural plantings (i.e., living fence), other than temporary uses
such as snow fences or rabbit fences.
FERTILIZED VEGETATION
Areas of vegetation being cultivated by humans that require
the application of fertilizers, pesticides or other substances in
order to grow or maintain their existence.
FERTILIZER
Any commercially produced mixture that contains phosphorus,
nitrogen, and/or potassium which is applied to the ground to increase
nutrients to plants.
FIRST FLUSH
The delivery of a disproportionately large load of accumulated
pollutants that are washed from impervious surfaces and the surface
of the land during the early part of storms and transported in stormwater
runoff.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of the community on which FEMA has delineated
the areas of special flood hazard and the risk premium zones applicable
to the community.
FLOOD or FLOODING
A general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow
of inland waters and/or the unusual and rapid accumulation of, or
runoff of, surface waters from any source.
FLOODPLAIN OVERLAY ZONE
That area of the town identified on the Flood Insurance Rate Map (FEMA Community Number 360278) as being subject to flood and/or mudslide hazards, which area is delineated on the Zoning Map, and for which special floodplain management requirements and criteria are enumerated in Chapter
112, Flood Damage Prevention, of this Code.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
basement floor areas not devoted to residential use, but including
the area of roofed porches and roofed terraces. All dimensions shall
be measured between exterior faces of walls.
FLOOR, LOWEST
The floor of the lowest enclosed level, including basement,
crawl space, or garage.
FRONTAGE
The extent of a building or a lot along one public street
as defined herein.
GAME ROOM
A building or place containing five or more amusement games
as defined herein (see "amusement game").
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein, nor is space for more than two cars leased to a nonresident
of the premises.
GARAGE, PUBLIC
Any garage, other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, adjusting or equipping of automobiles or
other motor vehicles.
GASOLINE STATION
Any building or land used for the sale of motor fuel, oil
and motor vehicle accessories which may include facilities for lubricating,
washing or servicing motor vehicles, but not painting or body repairs.
GASOLINE STATION-MARKET (CONVENIENCE STORE)
A gasoline station which provides a second commercial service
such as a restaurant, dairy bar, beverage market, food or grocery
market, or a commercial use which provides for gasoline sales. For
the purpose of this definition, sales from vending machines are not
considered commercial service.
GRADE, FINISHED
The natural surface of the ground, or the surface of the
ground, lawn, walks or roads after the completion of any change in
contour.
GROUNDWATER
All the water found beneath the surface of the land and present
in aquifers and aquifer recharge areas.
GROUP FAMILY DAY CARE
A family home which is a personal residence and occupied
as a family residence which provides child day care on a regular basis
for more than three hours per day per child for seven to 12 children
for compensation or otherwise, as provided for under the New York
State Department of Social Services. For the purposes of this chapter,
a family day-care home shall be considered a home occupation use.
HABITABLE FLOOR AREA
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation or a combination thereof.
A floor used only for storage purposes is not habitable.
HAZARDOUS SUBSTANCE
Any substance listed as a hazardous substance in 6 NYCRR
Part 597, List of Hazardous Substances, or a mixture thereof.
HAZARDOUS WASTE
A waste, or combination of wastes, which is identified or
listed as hazardous pursuant to 6 NYCRR Part 371, Identification and
Listing of Hazardous Wastes. Hazardous waste, because of its quantity,
concentration, or physical, chemical, or infectious characteristics,
poses a significant hazard to human health or safety if improperly
treated, stored, transported, disposed of, or otherwise managed.
HERBICIDE
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any weed, and being those substances
defined as herbicides pursuant to Environmental Conservation Law § 33-0101.
HOME OCCUPATION
An accessory use of a dwelling unit for gainful employment
involving the manufacture, provision or sale of goods and/or services.
Home occupations are further classified as being either Category I
or II, depending upon whether or not nonresident individuals are working
on site and whether more than one customer visit is expected at a
time (see descriptions below).
(1)
In particular, a home occupation may include,
but is not limited to, the following: art studio; barbershop/beauty
parlor (limited to two work stations); cleaning services; contractors;
computer programmer; cook; day nursing; direct sale product distribution
(Amway, Avon, Tupperware, etc.); draftsman; dressmaker or tailor;
electrical/radio/television repair; financial planning and investment
services; insurance agent; musician; photographer; professional offices
of a physician, dentist, lawyer, accountant, engineer or architect;
real estate office; teaching or tutoring (limited to two students
at one time); telephone answering; upholsterer; group family day-care
home; school-age child care; and family-type home.
(2)
However, a home occupation shall not be interpreted
to include the following: motor vehicle repair shop, machine shop,
welding and fabrication shop, commercial stables and kennels, restaurants
or furniture refinisher (involving dip tanks or stripping).
HOME OCCUPATION I
A home occupation which employs, on site, only resident members
of the family and which expects not more than one customer visiting
the site at any given time.
HOME OCCUPATION II
Any home occupation which is not considered a Home Occupation
I as set forth above.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
HOSPITAL, ANIMAL
An establishment for the medical and/or surgical care of
animals.
HOTEL/MOTEL
A building providing overnight accommodation for more than
four transient people, which building need not be owner-occupied and
may provide eating, restaurant and related facilities.
HYDROLOGIC BUDGET RECHARGE AREA
The total area of surface land that is necessary to supply
recharge to the well at an amount equal to that being withdrawn from
the well each day, based on the annual average groundwater recharge
area.
IMPERVIOUS SURFACE
Any man-made material, such as pavement used in parking lots
or driveways or any building or other structure on a lot, that does
not allow surface water to penetrate into the soil.
INDOOR RECREATION
Includes, but is not limited to, a health club, bowling alley,
tennis court, table tennis, pool hall, skating rink, gymnasium, swimming
pool, hobby workshop, and similar places of indoor recreation.
INDUSTRIAL PARK
A large tract of land that has been planned, developed and
operated as an integrated facility for a number of individual industrial
uses, with special attention to circulation, parking, utility needs,
aesthetics, and compatibility.
JUNKYARD
The term "junkyard" shall be defined in the same manner as is set forth in Chapter
138, Junkyards, of this Code, together with any amendment(s) thereto.
KENNEL
A building or land used for harboring six or more dogs over
six months old.
LAND APPLICATION OF HUMAN WASTE
A site where septage or sewage sludge is applied to the soil surface or injected into the upper layer of the soil to improve soil quality or to provide plant nutrients. (This use is prohibited within the town; see also §
235-16.)
LANDFILL, SANITARY
The depositing of refuse in a natural or man-made depression
or trench, or dumping it at ground level, then compacting to the smallest
practical volume, and covering with earth or other material in a systematic
and sanitary manner.
LANDSCAPING CONTRACTOR'S YARD
An area and building(s) where a landscaping contractor stores
equipment, vehicles, materials (rock, stone, bricks, fencing, fixtures,
etc.), tools and other items related to his/her business provided
no direct retail sales are conducted on site.
LIGHT INDUSTRIAL
The processing, fabrication, assembly or packaging of previously
prepared or refined materials.
LOT
Land occupied or which may be occupied by a building and
its accessory uses, together with required open spaces, having not
less than the minimum area, width and depth required for a lot in
the district in which such land is situated, and having frontage on
a street or other means of access as may be determined by the Planning
Board to be adequate as a condition for issuance of a building permit.
Any land included in a public road, street or highway right-of-way
shall not be considered part of the lot for zoning purposes.
LOT AREA
The total area within property lines. Any land included in
a public road, street or highway right-of-way shall not be included
in calculating lot area.
LOT, CORNER
A lot located at the junction of and fronting on two or more
intersecting streets. (Also see the definition "lot line, front.")
LOT DEPTH
The mean horizontal distance from the street right-of-way
line of the lot to its opposite rear line measured at right angles
to the street right-of-way line.
LOT FRONTAGE
The horizontal distance between the side lot lines, measured
at the street right-of-way line.
LOT LINE
The property lines bounding a lot as defined herein.
LOT LINE, FRONT
In the case of a lot abutting upon only one street, the line
separating the lot from the street right-of-way. In the case of a
lot abutting more than one street, each street line shall be considered
a front lot line.
LOT LINE, REAR
The lot line which is generally opposite the front lot line.
If the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front line, not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
LOT LINE, SIDE
The property line or lines extending from the front lot line
to the rear lot line, except in the case of corner lots which have
no rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines, measured
at right angles to the lot depth.
MANUFACTURING
Establishments engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the manufacturing of products, and the blending
of materials such as lubricating oils, plastics, resins or liquors.
MANURE
Animal feces and urine.
MOBILE HOME
A structure, whether occupied or not, transportable in one
or more sections, which is built on a permanent chassis and designed
to be used as a dwelling unit, with or without a permanent foundation,
when connected to the required utilities. For the purpose of this
chapter, an unoccupied mobile home shall be considered the same as
an occupied unit.
MOBILE HOME PARK
A parcel which has been improved for the rental or lease
of two or more lots and the provision of services for mobile homes
for nontransient residential use.
MOTOR VEHICLE REPAIR SHOP
Any building or land used for gain, wholly or partially,
engaged in the business of service, repair or diagnosing motor vehicle
malfunctions or repairing bodies, fenders or other components damaged
by accidents or otherwise.
MUNICIPAL WELL
A groundwater well operated by a city, town, village, or
special district created pursuant to New York State Law for the purpose
of providing a public water supply.
NATURAL VEGETATION
Existing and naturally occurring indigenous vegetation which
grows and is maintained without need of applications of fertilizers,
pesticides or other chemical substances.
NONCOMMERCIAL WIND ENERGY SYSTEM
A wind energy system that is operated primarily (51% or more)
for on-site (may be for more than one parcel) consumption, and has
a nameplate capacity of 50 kW or less, and a total height of 175 feet
or less, and a blade length of 30 feet or less. These are also defined
as wind energy conversion systems (WECS) or small wind energy production
facilities.
[Added 2-20-2008 by L.L. No. 2-2008]
NONCONFORMING BUILDING
A building legally existing at the time it was created which
in its design or location upon a lot does not conform to the current
regulations of this chapter for the district or zone in which it is
located.
NONCONFORMING LOT
A lot of record legally existing at the date of the passage
of this chapter which does not have the minimum frontage or contain
the minimum area for the zone in which it is located.
NONCONFORMING USE
Use of a building or of land legally existing at the time
it was created but not conforming to the current zoning regulations
of the district in which it is located.
NURSING HOME
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
OFFICE BUILDING
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity,
that may include ancillary services for office workers such as a restaurant,
coffee shop, or newspaper or candy stand.
ON-SITE CONSUMPTION
The use of petroleum to heat or cool a residential or nonresidential
structure or to operate machinery necessary for agricultural activities.
"On-site consumption" does not include on-site use of petroleum for
processing or manufacturing activities or the sale or distribution
of petroleum for or into vehicles, except vehicles used for agricultural
operations on that site.
OUTDOOR RECREATION
Includes, but is not limited to, a golf course; golf driving
range; trap, skeet, and archery range; swimming pool; skating rink;
tennis court; recreation stadium; baseball and softball fields; skiing
facility; hunting preserve; and similar places of outdoor recreation.
OUTDOOR SOLID-FUEL-BURNING DEVICE
A solid-fuel-burning device designed and intended for installation
outside of the primary building on a lot and used to produce heat
for transfer to the primary or accessory building(s) on such lot.
OWNER
An individual or individuals, firm, association, syndicate,
partnership, or corporation having sufficient proprietary interest
to seek development of land.
PARKING SPACE
An off-street space available for the parking of one motor
vehicle on a transient basis and having a width of 10 feet, and an
area of not less than 200 square feet, exclusive of passageways and
driveways, and having access to a street. Handicapped parking spaces
may be larger and therefore require more space; however, regardless
of its size, such space shall constitute a single parking space.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel.
PEST
Any insect, rodent, fungus, weed or other form of terrestrial
or aquatic plant or animal life or virus, bacteria or other microorganism
which the Commissioner of Environmental Conservation declares to be
a pest as provided be Environmental Conservation Law § 33-0101.
PESTICIDE
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant, and those substances defined as pesticides pursuant
to Environmental Conservation Law § 33-0101 et seq.
PETROLEUM
Any petroleum-based oil of any kind which is liquid at 20°
Celsius under atmospheric pressure and has been refined, re-refined,
or otherwise processed for the purpose of being burned as a fuel to
produce heat or usable energy, or which is suitable for use as a motor
fuel or lubricant in the operation or maintenance of an engine. Waste
oil which has been reprocessed or re-refined and which is being stored
for sale or use as a fuel or lubricant is considered petroleum for
purposes of this chapter.
PLANNING BOARD
The officially designated Town of Batavia Planning Board
as established by the Town Board in accordance with § 271
of the Town Law.
POND
A body of water (other than a swimming pool) created through
construction or other similar method, having a depth of two or more
feet.
PUBLIC STREET/ROAD
A thoroughfare which has been dedicated or deeded to the
public for public use and which has been improved in accordance with
municipal standards.
RADIATION
Ionizing radiation, that is, any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared, or ultraviolet light.
RECHARGE
The addition of water to an aquifer or to a pumping well;
also the amount of water added to an aquifer or a pumping well. Recharge
is typically expressed as a rate, e.g., inches per year or gallons
per day.
RECREATIONAL VEHICLE
A unit primarily designed as temporary living quarters for
recreational, camping or travel use, which either has its own power
or is mounted on or drawn by a motor vehicle (see also "sport recreational
vehicle"). The basic entities are:
(1)
TRAVEL TRAILERA vehicular portable unit, mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motor vehicle.
(2)
CAMP TRAILERA vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by a motor vehicle.
(3)
TRUCK CAMPERA portable unit designed to be loaded onto, or affixed to, the bed or chassis of a truck. Truck campers are of two basic types:
(a)
SLIDE-IN CAMPERA portable unit designed to be loaded onto and unloaded from the bed of a pickup truck.
(4)
MOTOR HOMEA vehicular unit built on a self-propelled motor vehicle chassis.
RECYCLABLES HANDLING AND RECOVERY FACILITY
A solid waste management facility, other than collection
and transfer vehicles, at which recyclables are separated from the
solid waste stream or at which previously separated recyclables are
collected and which is regulated by 6 NYCRR Part 360.
RESIDENTIAL CARE FACILITY
A residential facility, operated by either a public or private
agency and regulated by the New York State Department of Social Services,
exercising custody of dependent, neglected, abused, maltreated, abandoned
or delinquent children; homes or shelters for unmarried mothers; residential
programs for victims of domestic violence; or adult care facilities.
RESTAURANT
Any establishment, however designed, at which food is sold
for consumption on the premises to patrons seated within an enclosed
building and where the taking of food and drink from said building
is incidental. However, a snack bar or refreshment stand at a public,
semipublic or community swimming pool, playground, play field or park
operated for the convenience of the patrons of the facility shall
not be deemed to be a restaurant.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
ROADSIDE STAND
A structure of a nonpermanent nature (movable and temporary)
located on the owner's property utilized during the harvest season
for the sale of agricultural products grown primarily by the owner.
SATELLITE DISH
A structure which is designed and/or intended to receive,
relay or send television signals to or from orbiting or geostationary
satellites.
SCHOOL
Includes parochial, private and public institutions providing
New York State approved educational services, including preschool
and vocational programs, together with private and public schools
and colleges and universities.
SCHOOL-AGE CHILD CARE PROGRAM
Care provided on a regular basis to more than six school-age
children under 13 years of age or who are incapable of caring for
themselves where such children attend a school higher than kindergarten
or attend full-day (at least six hours) kindergarten at a public or
private school, whether such care is provided for compensation or
otherwise.
SECONDARY CONTAINMENT
A structure which prevents any materials that have spilled
or leaked from primary containment structures, such as piping, tanks
or other containers, from reaching the land surface or any water body.
SELF-SERVICE STORAGE FACILITY
A building or group of buildings divided into separate units
or compartments used to meet the temporary storage needs of businesses
and residential users. A warehouse operated for a specific commercial
or industrial establishment shall not be considered a self-service
storage facility.
SEPTAGE
The contents of a septic tank, cesspool, or other individual
wastewater treatment works which receives domestic sewage wastes.
SHOPPING CENTER
A group of businesses occupying adjoining structures, having
adequate space for loading and unloading and adequate off-street parking.
SIGN
Any structure or part thereof, or any device attached to
a structure or painted or represented on a structure, which shall
display or include any letter, word, model, banner, flag, pennant,
insignia, device or representation used as, or which is in the nature
of, an announcement, direction or advertisement. A sign includes any
billboard but does not include the flag, pennant, or insignia of any
nation, or group of nations, or of any state, city or other political
unit or of any political, educational, charitable, philanthropic,
civic, professional, religious, political or like campaign, drive,
movement or event. However, a sign as designed herein shall not include
a similar structure or device located within a building.
(1)
BUSINESS SIGNA sign which directs attention to a business, profession and/or industry conducted or to products manufactured or sold upon the same lot.
(2)
DIRECTIONAL SIGNA sign limited to providing information on the location of an activity, business or event.
(3)
OFF-PREMISES ADVERTISING SIGNA sign which advertises an establishment, merchandise, service or entertainment which is not sold, produced, manufactured or furnished at the property on which said sign is located (e.g., billboards or outdoor advertising).
(4)
PORTABLE SIGNA sign, whether on its own trailer, wheels, or otherwise, designed to be movable and not structurally attached to the ground, a building, a structure or another sign.
(5)
TEMPORARY SIGNA sign related to a single activity or event having a duration of no more than 60 days.
SIGN AREA
The area defined by the frame or edge of a sign. Where there
is no geometric frame or edge of the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines said sign.
SITE PLAN
A rendering, drawing or sketch prepared to specifications
containing necessary elements, as set forth in this chapter, which
shows the arrangement, layout and design of the proposed use of a
single parcel of land as shown on such plan. Plats showing lots, blocks
or sites which are subject to review under § 276 of the
New York State Town Law and/or any local laws of the Town of Batavia
regulating the division of property shall not be subject to review
as site plans under this chapter unless a zoning application is submitted.
SKILLED TRADE SHOP
A shop where an individual involved in a skilled building
trade (i.e., carpenter, plumber, electrician, etc.) assembles custom
fixtures, cabinets, etc., for installation by him/her at a job site
location. No retail sales of materials and/or products directly to
the public shall be allowed on site.
SLUDGE
The solid, semisolid or liquid waste generated from a waste
processing facility, but does not include the liquid stream of effluent.
SPECIAL USE PERMIT
A specifically designated use that would not be appropriate
generally without restriction in a zoning district but which, if controlled
as to number, area, location, relation to the neighborhood, or otherwise,
in the opinion of the Planning Board, promotes the public health,
safety, welfare, morals, order, comfort, convenience, appearance,
prosperity and/or the general welfare.
SPILL
Any escape of a hazardous substance or petroleum from the
primary containers used in the normal course of storage, transfer,
processing, or use.
SPORT RECREATIONAL VEHICLE
Motor vehicles for personal use by occupants of a household.
Examples of recreational vehicles shall include motorcycles, all-terrain
vehicles, snowmobiles, and boats. Examples of sport recreational vehicles
shall not include vehicles for sale or lease. (See also "recreational
vehicle.")
STABLE, PRIVATE
A building in which horses or other livestock are kept for
private use and not for hire, remuneration, or sale.
STABLE, PUBLIC
A building in which horses or other livestock are kept for
remuneration, hire or sale.
STABLING OF AGRICULTURAL ANIMALS
A concentration of animals, permitted under agricultural
use, private stable and public stable, within a building, structure
or other defined area for the purpose of housing or feeding.
STREET/ROAD GRADE
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
STRUCTURE
Anything constructed or erected, the use of which requires
location on or in the ground or attachment to something having location
on or in the ground.
SWIMMING POOL
A structure intended for bathing, swimming or diving purposes,
made of concrete, masonry, metal or other impervious materials, provided
with a recirculating and/or controlled water supply with a depth of
greater than two feet.
TEMPORARY USE
An activity conducted for a specified limited period of time
which may not otherwise be permitted by the provisions of this chapter.
Examples of such uses are buildings incidental to new construction
which are removed after the completion of the construction work.
TOWN BOARD
The Town Board of the Town of Batavia, New York.
TOWNHOUSE
An independent single-family dwelling unit, which is one
of a series of dwelling units, having a common party wall between
each adjacent unit, each with a private outside entrance.
[Added 2-20-2008 by L.L. No. 2-2008]
TOWNHOUSE CLUSTER
A building, or group of buildings, with each building containing
not more than eight townhouse dwelling units connected by common party
walls.
[Added 2-20-2008 by L.L. No. 2-2008]
TOWNHOUSE DEVELOPMENT
A tract of land adequately sized to accommodate the construction
of townhouse dwelling units in accordance with the density standards
contained elsewhere in these regulations.
[Added 2-20-2008 by L.L. No. 2-2008]
TRAILER
Includes any towed vehicle used for carrying goods, equipment,
and/or machinery.
TRUCKING TERMINAL
An area and building(s) where trucks load and unload cargo
and freight and where cargo and freight may be broken down or aggregated
into smaller or larger loads for transfer to other vehicles or modes
of transportation. Trucking terminals may include the storage or parking
of trucks awaiting cargo as well as facilities for servicing of trucks.
UNDERGROUND TANK
Any tank completely covered with earth or other backfill
material.
UPGRADIENT
Portions of a lot defined by areas of higher land surface
elevation with respect to the elevation of other portions of the same
lot. In general, groundwater flows from areas of higher elevation
(upgradient areas) to areas of lower elevation (downgradient areas).
(See definition for "downgradient.")
USE
The specific purpose for which land, water, a structure or
a building is designed, arranged, or intended or for which it is or
may be occupied or maintained.
USE VARIANCE
The authorization by the Zoning Board of Appeals for use
of land for a purpose which is not allowed or is prohibited by this
chapter.
UTILITY, PUBLIC
Any person, firm, corporation or governmental subdivision
duly authorized to furnish to the public, under public regulation,
electricity, gas, water, sanitary sewers, storm sewers, steam, telephone,
telegraph or cable television, or other similar service.
WAREHOUSE
A building used primarily for the storage and/or distribution
of goods and materials.
YARD
An unoccupied, open space on the same lot with any principal
or accessory buildings or structures.
YARD, FRONT
The unoccupied, open space within and extending the full
width of the lot from the front lot line to the front line of the
principal building which is nearest to such front lot line.
YARD, REAR
The unoccupied, open space within and extending the full
width of the lot from the rear lot line to the part of the principal
building which is nearest to such lot line.
YARD, SIDE
The unoccupied, open 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 nearest to such
side lot line.
ZONE OF CONTRIBUTION
The surface and subsurface land area surrounding a pumping
municipal well that supplies direct recharge to the well.
ZONING BOARD OF APPEALS
That Board appointed by the Town Board specifically to hear
all appeals as provided by these regulations and other duties specifically
set forth in this chapter, New York State Town Law or as assigned
to it by the Town Board.
ZONING PERMIT
A permit issued by the zoning officer stating that the purpose
for which a building or land area is to be used is in conformance
with the uses permitted and all other requirements of this chapter.