Town of Brighton, NY General Provisions

Not more than three persons occupying a dwelling unit; or

Four or more persons occupying a dwelling unit, each of whom is related to all of the others by blood, marriage, or legal adoption, plus not more than two additional unrelated individuals; or

A functional family unit: four or more persons occupying a dwelling unit as the functional equivalent of a "natural family" with respect to those characteristics that are consistent with the purposes of zoning restrictions in residential neighborhoods, and who use all rooms and housekeeping facilities in common, plus not more than two additional unrelated individuals.

[Amended 9-27-2012 by L.L. No. 9-2014]

In determining whether individuals are living together as a functional family unit, the following criteria must be present:

The occupants share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by a functional family unit.

The group is permanent and stable. Evidence of such permanency and stability may include:

(a)

The presence of minor dependent children regularly residing in the household who are enrolled in local schools and are cared for by one or more residents of the household;

(b)

Proof of the sharing of expenses for food, rent or ownership costs, utilities and other household expenses, and sharing in the storage and consumption of food;

(c)

Members of the household have the same address for purposes of voter registration, driver’s license, motor vehicle registration and filing of taxes;

(d)

Members of the household are employed in the area;

(e)

A showing that the household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;

(f)

There is common ownership of furniture and appliances among the members of the household; and

(g)

The group is not transient or temporary in nature.

FRONT or FACE (OF A BUILDING)

Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

FAMILY CHILD CARE HOME

Child care provided in a home. Such a use must conform to all the requirements regulating day care by the State of New York Department of Social Services.

FARM

A parcel or contiguous parcels of land owned in a like manner, which in the aggregate contains five or more acres, which parcel or parcels are being used primarily for cultivation, pasture, husbandry or other customary agricultural purposes.

FCC

Federal Communications Commission.

[Added 9-22-2021 by L.L. No. 1-2021]

FILLING

The depositing of natural or artificial material that raises the existing grade of land or modifies the surface of waterbodies.

FLOOR AREA

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings.

FLOOR AREA, LIVABLE

All spaces within the exterior walls of a dwelling unit, exclusive of garages, unheated breezeways, unheated porches, unheated attics, and cellars. Livable floor area shall include all spaces not otherwise excluded above, including, but not limited to, principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit.

[Amended 6-27-2007 by L.L. No. 11-2007]

FLOOR AREA RATIO

The floor area, in square feet, of all buildings on a lot divided by the area of such lot in square feet.

FLOW ATTENUATION

Prolonging the flow time of runoff to reduce the peak discharge.

FLOW RATE

The quantity of water which moves past a given point in an increment of time.

FREESTANDING SIGN

Any sign not attached to any building.

One outer surface of a building as designated on the architectural drawings submitted for review to the appropriate board(s): the Planning Board, Board of Architectural Review or Zoning Board of Appeals.

GARAGE, ATTACHED

A private garage which is structurally attached to a principal building by enclosed space.

[Amended 11-25-2008 by L.L. No. 6-2008]

GARAGE, PRIVATE

An accessory building or portion of a main building used for the storage of self-propelled vehicles used by the occupants of the premises, and which may include space for not more than one passenger vehicle used by others.

GARDEN APARTMENTS

A multiple dwelling, other than a group of townhouses, that is not more than two and one-half (2 1/2) stories in height and in which not more than four units share a common entrance.

GENERAL EQUIPMENT RENTAL

An establishment specializing in the rental of equipment for home repair, yard care and other consumer needs. This use shall exclude the rental of commercial construction equipment or vehicles.

[Added 2-25-1998]

GLARE, DIRECT

Illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high-temperature processes as welding or petroleum or metallurgical refining.

GLARE, INDIRECT

Illumination beyond property lines caused by diffuse reflection from a surface, such as a wall or roof of a structure.

GRADING

The alteration of the existing grade of land through excavation or filling.

GROSS FLOOR AREA

The total area devoted to the primary use of the principle structure, including storage areas and areas for employee services, such as rest rooms or lounge areas.

HABITABLE ROOM

A room having one or more windows opening directly on a street or yard, as required by the New York State Uniform Fire Prevention and Building Code of the Town, and designated to be used for living, sleeping, eating or cooking. Any floor space enclosed on four sides by permanent walls having a height from the floor of four feet or more shall be counted as a "habitable room." Neither a bathroom, toilet room vestibule or similar small passage or storage area, nor a cooking space or kitchen having an area of less than 100 square feet, shall be counted as a separate room.

HEAT

Thermal energy of a radioactive, conductive or convective nature.

HEIGHT OF AN ACCESSORY STRUCTURE

The vertical distance measured from the average finished grade at all foundation corners of the building or structure to the highest point of the building or structure, excluding the chimney.

HEIGHT OF STRUCTURE

The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs.

HEIGHT OF TOWER OR COMMUNICATION FACILITY

The height of ground-mounted towers or communication facilities shall be determined by measuring the vertical distance from the average finished grade of the facility's/tower's point(s) of contact with the ground to the highest point of the tower/facility, including all antennas or other attachments. The height of towers/facilities mounted on buildings or other structures shall be determined by measuring the vertical distance from the average finished grade of the building's/other structure's point(s) of contact with the ground to the highest point of the tower/facility, including all antennas or other attachments.

[Added 7-23-1997 by L.L. No. 5-1997]

HOME OCCUPATION

An office or studio of one artist, dentist, doctor, musician, teacher, land planner, landscape architect, architect, surveyor, industrial designer, interior decorator, consultant, engineer, accountant, insurance agent, real estate agent, manufacturer's representative, lawyer or any similar occupation as determined by the Building Inspector, provided that such office or studio is incidental to the residential use of the premises and is carried out by the resident and not more than one nonresident assistant; shall occupy not more than 30% of the area of one floor of the principal building; and shall have no storage of inventory or products for sale associated with the occupation.

HOSPITAL

A building used for the diagnosis, treatment or care of human ailments.

HOTEL

A multiple dwelling used for the purpose of temporary overnight accommodation of travelers for compensation but not for residential purposes, which has a common entrance and a common heating system and which is designed to accommodate more than 15 transient guests and where additional services may be provided, such as a restaurant, meeting rooms and recreational facilities (all of which are contained within the main structure). Any facility in which only a portion of the rooms access to the exterior shall be considered a motel.

[Amended 8-10-1994 by L.L. No. 2-1994]

INCENTIVES

Those adjustments to zoning district requirements listed in § 209-4 of Chapter 209, Incentive Zoning, of these regulations.

INDUSTRIAL PARK

A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation and open space.

KENNEL

The keeping of more than three dogs that are more than four months old for commercial or noncommercial purposes.

[Amended 4-13-2005 by L.L. No. 4-2005]

LAUNDRY, SELF-SERVE

A business establishment providing clothes washers and dryers for hire to be used by customers on the premises. Self-service dry-cleaning facilities are not included in this definition.

[Added 2-25-1998]

LOGO

Any picture, shape or drawing, with or without letters or words used to identify a product, service, business or organization and is graphically displayed on a sign face.

LOT

Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

LOT, CORNER

A lot at the junction of, and abutting on, two or more intersecting streets, where the interior angle of intersection does not exceed 135º. A lot abutting a curved street shall be deemed to be a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135º.

LOT, DEPTH

The mean horizontal distance between the front and rear lot lines.

LOT, FLAG

A lot having a main (flag) portion, generally located behind another lot or lots with frontage on a street, and a narrow strip (pole) portion that connects the flag portion to a street and provides access to the flag portion. In some instances, the flag portion of a flag lot may have inaccessible (due to environmental, topographic or other factors) frontage on a street, limiting vehicular access to the pole portion of the lot.

[Added 5-26-2004 by L.L. No. 10-2004]

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

Any boundary of a lot other than a street line.

LOT LINE, FRONT

Any lot line along a street, or any lot line on a flag lot determined during subdivision review by the Planning Board to be a front lot line.

[Amended 5-26-2004 by L.L. No. 10-2004]

LOT LINE, PRIMARY FRONT

Where a lot abuts upon more than one street, the narrowest frontage shall be the primary front lot line.

[Added 5-26-2004 by L.L. No. 10-2004]

LOT LINE, REAR

The lot line generally opposite to the front lot line, or opposite to the primary front lot line if the lot abuts more than one street; if the rear lot line is less than 10 feet in length, or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line not less than 10 feet long lying within the lot and parallel to the front lot line. In the event that the front lot line is a curved line, then the rear lot line shall be assumed to be a line not less than 10 feet long, lying within the lot and parallel to a line tangent to the front lot line at its midpoint.

[Amended 5-26-2004 by L.L. No. 10-2004]

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line.

LOT, THROUGH

An interior lot having frontage on two streets.

[Amended 9-24-2003 by L.L. No. 16-2003]

LOT WIDTH

The horizontal distance across the lot between side lot lines, measured at the required front setback line.

[Amended 6-27-2007 by L.L. No. 11-2007]

MAJOR SUBDIVISION

Any subdivision which is not a minor subdivision, a one-lot subdivision, a lot line adjustment or a resubdivision.

MANUFACTURING

Any process whereby the nature, size or shape of articles or raw materials are changed, or where articles are assembled.

MESSAGE SIGN

Any nonidentification sign expressing the position, opinion or philosophy of the owner or occupant of the subject property regarding political, religious, social or economic causes.

MINOR SUBDIVISION

A subdivision of less than three lots and not involving a planned development, addition of any new streets or extension of any public utility or other public facility.

MIXED OCCUPANCY

Occupancy of a building in part as the living quarters for one or more families and in part for some other use not accessory thereto. For the purpose of determining off-street parking requirements, those parts of such buildings used as living quarters shall be considered as dwellings.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the communications facilities located within an existing equipment compound, if the improvement, upgrade, or expansion does not substantially change the physical dimensions of the wireless support structure.

[Added 9-22-2021 by L.L. No. 1-2021]

MOTEL

A multiple dwelling or multiple dwelling group not over two stories in height and used for the temporary overnight accommodation of travelers for compensation but not for residential purposes and where additional services may be provided, such as a restaurant, meeting rooms and recreational facilities. The exit for each unit or sleeping room shall lead directly to the exterior. The term shall include, but not be limited to, motor courts, tourist courts, tourist cabins, motor inns and motor hotels.

[Amended 8-10-1994 by L.L. No. 2-1994]

NEIGHBORHOOD DRY-CLEANING FACILITY

An establishment at which garments and other fabric or leather goods are cleaned through the use of PERC-based, petroleum-based or other solvents typically used in the dry-cleaning industry. Dry-cleaning facilities as defined here include only those whose purpose is to serve the surrounding neighborhood. Large, bulk dry-cleaning or laundering establishments servicing primarily dry-cleaning dropoff establishments or commercial accounts are not included in this definition.

[Added 2-25-1998]

NONCONFORMING BUILDING

A building which contains a use permitted in the district in which it is located, but which does not conform to the district regulations for lot area, width or depth; front, side or rear yards; maximum height, lot coverage; or minimum livable floor area per dwelling unit.

NONCONFORMING USE

A use, whether of a building or tract of land, or both, existing on the effective date of these regulations which does not conform to the use regulations of the district in which it is located.

NON-TOWER COMMUNICATIONS FACILITY

Communications facilities co-located on existing structures, such as, but not limited to buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. The term "non-tower communications facility" shall not include any small wireless facility.

[Added 9-22-2021 by L.L. No. 1-2021]

NURSING OR CONVALESCENT HOME

A state-licensed residential care facility in which nursing care and medical services are performed under the general direction of persons licensed to practice in the State of New York, for the accommodation of convalescent or other persons who are not in need of hospital care but who do require, on a twenty-four-hour basis, nursing care and related medical services. This definition shall include skilled nursing facilities, intermediate care facilities and nursing facilities.

OBSOLETE

When a communication facility is no longer in use for the originally intended purpose or remains unused for its intended purpose for a period of more than 12 consecutive months due to a change in technology or by any fault of the Communication Facility owner.

[Added 7-23-1997 by L.L. No. 5-1997]

OFFICE

[Added 2-25-1998]

GOVERNMENT OFFICEAdministrative, clerical, or public contact offices of a government agency, including postal facilities, together with the incidental storage and maintenance of vehicles.

BUSINESS/PROFESSIONAL OFFICEOffices of firms or organizations providing professional executive, management or administrative services, such as architectural, engineering, real estate, travel agency, insurance, investment or legal offices and excluding banks and medical offices.

MEDICAL OFFICEOffices or health facilities, including without limitation preventative and rehabilitative treatment, diagnostic services and testing and analysis, but excluding inpatient services and overnight accommodation; may include a testing laboratory as an incidental use.

OFFICE PARK

A planned, coordinated development of a tract of land with two or more separate buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

OFF-SITE STORMWATER MANAGEMENT

The design and construction of a facility necessary to control stormwater from one or more developments where the facility is not necessarily situated on a specific development site.

ON-SITE STORMWATER MANAGEMENT

The design and construction of systems necessary to control stormwater within a development.

OPEN DRAINAGE

A network of natural streams, constructed channels and ditches employed to convey the runoff of natural surface waters.

OUTDOOR FURNACE

Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy and used as a component of a heating system to provide heat for any interior space.

[Added 4-25-2007 by L.L. No. 5-2007]

PERSON

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, and other entities established pursuant to statutes of the State of New York, provided that "person" does not include or apply to the Town, or to any department or agency of the Town.

[Amended 9-22-2021 by L.L. No. 1-2021]

POLITICAL SIGN

Any sign which by its content promotes or supports a candidate or candidates for any public office or which advocates a position on an upcoming ballot proposition(s).

PORTABLE SIGN

Any temporary freestanding sign which can be disassembled and moved by one person or one which is on wheels and can be trailered or towed from one location to another.

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PROJECTING SIGN

Any sign which projects from the exterior of any building.

PUBLIC GARAGE or REPAIR GARAGE

Any garage, other than a private garage or vehicle service station, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

PUBLIC WATER or PUBLIC SEWER

Sewage disposal and water supply systems approved by the Town Board for municipal operation.

REPAIR

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.

REPLACEMENT

The replacement of existing communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of substantially the same wind loading and structural loading than existing equipment and is substantially similar in size, weight and height as the communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

[Added 9-22-2021 by L.L. No. 1-2021]

RESEARCH LABORATORY

A building for experimentation in pure or applied research, design, development and production of prototype machines or devices, or of new products, and uses accessory thereto, wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed, and where there is no display of any materials or products.

RESERVOIR SPACE

A temporary storage space, exclusive of street area or required parking spaces, for a vehicle waiting for service or admission.

RETENTION BASIN

Any permanent structure that provides for the storage of runoff by means of a permanent pool of water.

RESTAURANT

A business establishment or an area within a business establishment, specializing in the preparation of food items in individual- or multiple-serving portions which are intended for on-premises, take-out or delivered consumption by customers without the necessity of preparation by the customer. Included in this definition are full-service restaurants, pizzerias, cafes, coffee shops, donut shops, bagel shops, ice cream shops, fast-food restaurants, take-out restaurants, delivery restaurants, buffet-style restaurants, cafeterias and similar establishments. Specialty food stores may also be included in this definition if a determination is made that a substantial portion of their business is generated from individual-portion sales.

[Amended 2-25-1998]

FULL-SERVICE RESTAURANTA restaurant characterized by the preparation of a wide range of food items in individual portions which are served, using nondisposable serviceware (cups, plates, bowls, utensils, etc.), for consumption on the premises. Customers are served by waiters or waitresses while seated at tables, booths or counters. No delivery service is provided.

BUFFET-STYLE RESTAURANTA restaurant at which standing customers, using nondisposable dishes and utensils, serve themselves from food prepared in bulk or are served individual portions from stations, for consumption at tables on the premises.

DELIVERY RESTAURANTA restaurant characterized by the off-premises delivery of prepared food and beverage items to customers. Provision may be made for limited on-premises consumption, but such provision is incidental to the delivery function of the restaurant.

FAST-FOOD RESTAURANTA restaurant characterized by the delivery of prepared food and beverage items in disposable containers to customers standing at a counter or window or seated in vehicles. This definition includes but is not limited to restaurants with a substantial take-out business.

SERVICE BUSINESS

[Added 2-25-1998]

CONSUMER SERVICEA business serving the personal or business needs of the general public. This classification includes barbershops and beauty shops, seamstresses, tailors, shoe repair shops, small appliance repair shops, photocopying and/or printing centers and similar services. This definition does not include self-serve laundries, dry-cleaning facilities or dry-cleaning dropoff establishments.

REPAIR SERVICEAn establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair and similar services within a fully enclosed building. This classification excludes the maintenance and/or repair of lawnmowers, snowmobiles, motor vehicles, motorcycles, boats and similar items.

BUSINESS SERVICEAn establishment primarily engaged in rendering personal services to business establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment service, management and consulting services, protective services and office equipment rental and leasing. This definition excludes uses requiring processing, outside storage or those generating significant quantities of solid waste.

SHOPPING CENTER

[Amended 2-25-1998]

NEIGHBORHOOD CONVENIENCE CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site. A neighborhood convenience center generally sells goods necessary to meet daily needs and has up to 50,000 square feet of gross leasable area.

COMMUNITY SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site. Such centers typically range in size from 50,000 to 450,000 square feet.

SIGN

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 of any political, charitable, educational, philanthropic, civic, professional, religious or like campaign, drive, movement or event. A "sign" shall also include any material or structure or part thereof composed of lettered or pictorial matter, or upon which lettered or pictorial matter is placed which is on the exterior of any vehicle other than delivery or service vehicles garaged on the premises or other object located on the same zoning lot as a building, and which lettered or pictorial matter is designed to serve as a sign for the nature of the business, the goods sold or services rendered on the premises and the price thereof or any or all of them.

SIGN, ADVERTISING or BILLBOARD

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same zoning lot.

SIGN, FLASHING

A moving or animated sign or any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity or color at all times when in use. Any revolving illuminated sign shall be considered a "flashing sign."

SIGN, ILLUMINATED

Any sign designed to give forth any artificial light, or designed to reflect light, from one or more sources, natural or artificial.

SIGN PLAN

A plan illustrating all proposed signs in relation to structures, buildings, parking areas, internal roads, entrances, exits, yard areas or any other feature of a parcel or proposed development, showing the number, size, description, color and location of all signs.

SIGN, SIZE OF

The area which results by enclosing the outside dimensions of a sign, not including the supports which may affix the sign to the ground or to a structure or building. Where the sign consists of individual letters or symbols attached to or painted on a building, the area shall be considered to be that of the smallest rectangle which encompasses all of the letters or symbols.

SMALL COMMUNICATIONS FACILITY

A communications facility that meets the following criteria:

[Added 9-22-2021 by L.L. No. 1-2021]

The wireless support structure on which antenna facilities are mounted:

Is 50 feet or less in height; or

Is no more than 10% taller than adjacent similar wireless support structures in the right-of-way prior to the co-location of any communications facilities on such wireless support structures; or

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height, whichever is higher, as a result of the collocation of new antenna facilities; and

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

All other wireless equipment associated with the wireless support structure (excluding antennas) are cumulatively no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under 47 CFR Part 17;

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SMALL ENGINE SALES

The sale of lawnmowers, snowmobiles, motorcycles and similar small-engine machines within a fully enclosed structure. Maintenance and repair services shall take place only as accessory services to sales operations located on the same premises and shall take place only within a fully enclosed building. Motor vehicles and boats are excluded from this definition.

[Added 2-25-1998]

SOLAR ENERGY

Radiant energy (direct, diffuse and reflected) received from the sun.

[Added 5-13-2015 by L.L. No. 3-2015]

SOLAR ENERGY SYSTEM

Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity.

[Added 5-13-2015 by L.L. No. 3-2015]

SPECIALTY FOOD STORE

A retail store specializing in bulk sales of a specific type or class of foods, such as a bakery, butcher, delicatessen, fish market or gourmet food store. On-premises seating is generally not provided. A use fitting the definition of a specialty food store may be classified as a restaurant, based on the amount of individual-portion sales generated by the proposed use.

[Added 2-25-1998]

STEALTH TECHNOLOGY

Camouflaging methods applied to communications facilities and accessory equipment which render them more visually appealing or blend the proposed communications facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and communications facilities constructed to resemble trees, shrubs, and light poles.

[Added 9-22-2021 by L.L. No. 1-2021]

STORMWATER MANAGEMENT

Any means of quantitative control, such as a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; any means of qualitative control, such as a system of vegetative, structural and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff; and conforms to the criteria set forth in the New York Guidelines for Urban Erosion and Sediment Control.

STORY

That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor, or, if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.

STREET

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 Town Board.

STREET LINE

The dividing line between a lot and a street.

STRIPPING

The removal of overburden, topsoil, soil, vegetation or other natural material from land.

STRUCTURAL ALTERATION

Any change in the supporting members of a building, such as beams, columns or girders.

STRUCTURE

Anything constructed or erected which requires location on the ground or attachment to something having such location, but not including a trailer.

A modification substantially changes the physical dimensions of a wireless support structure if it meets the criteria established by 47 CFR § 1.6100.

[Added 9-22-2021 by L.L. No. 1-2021]

SUBSTANTIAL DEMOLITION

A building is considered to be substantially demolished when demolition equals or exceeds 50% of the ground area covered by any roofed part of the building, including cantilevers but excluding roof eaves.

[Added 6-27-2007 by L.L. No. 11-2007]

SURFACE WATER

That portion of natural precipitation which moves across the land surface via channels, ditches, etc., to permanent watercourses.

SWIMMING POOL, NONCOMMERCIAL

Any structure intended for swimming or recreational bathing that contains water over 24 inches (610 mm) deep. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas. Such noncommercial swimming pool shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon.

[Amended 11-14-2007 by L.L. No. 12-2007]

SWIMMING POOL, CLUB

A swimming pool, together with accessory buildings and appurtenances, which swimming pool does not constitute an accessory use to a dwelling and which is owned and operated by a nonprofit organization for use of its members and guests on a nonprofit basis.

SWIMMING POOL, COMMERCIAL

A swimming pool which does not constitute an accessory use to a dwelling and which is open to the general public on a commercial or profit-seeking basis.

TEMPORARY COVER

A vegetative material or stable mulch.

TELEVISION BROADCAST SERVICE ANTENNA

Traditional antennas used to receive over-the-air transmissions of television signals, such as transmissions from local affiliates of national television networks.

[Added 7-23-1997 by L.L. No. 5-1997]

TOPSOIL

The natural surface layer of an undisturbed soil's area, usually darker than the underlying layer, ranging in organic matter content from 2% to 50% and which may range in texture from loamy fine sand to clay.

TOWER

A structure of more than 15 feet and designed to support antennas. It includes, without limit, freestanding towers, monopoles and similar structures which do or which do not employ camouflage technology.

[Added 7-23-1997 by L.L. No. 5-1997]

TOWER-BASED COMMUNICATIONS FACILITY

Any structure that is used for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment. The term "tower-based communications facility" shall not include small communications facilities.

[Added 9-22-2021 by L.L. No. 1-2021]

TOWN

The Town of Brighton.

TOWNHOUSE

One of several units in a building, which unit is designed for and occupied exclusively as a home or residence for not more than one family living independently of any other family, separated from other units by a ground-to-roof party wall or walls.

TRADEMARK

A graphic representation registered for the exclusive use by a firm to identify a product, service or activity and which is graphically displayed on a sign face.

TRAILER

Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking, such as but not limited to camping trailers, recreational vehicles and self-contained motorized homes. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.

TREE

A living perennial, woody plant, its branches, its root system, its trunk, whose trunk is greater than five inches in diameter at a height of four feet above the ground and whose full height reaches a minimum of 12 feet.

[Added 11-14-2001 by L.L. No. 8-2001]

USABLE OPEN SPACE

All unenclosed portions of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet, and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation.

USE

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. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE, ACCESSORY

A use customarily incidental and subordinate to the main use on a lot, whether such "accessory use" be conducted in a principal or accessory building.

VIDEO PROGRAMMING RECEPTION DEVICE

Antennas or dishes used for end-user reception of video programming. This definition is limited to multipoint distribution service (MDS), multichannel multipoint distribution service (MMDS), local multipoint distribution service (LMDS), instructional television fixed service (ITFS) and direct broadcast satellite (DBS) dishes or antennas and all accessory equipment (poles, towers, wires, fasteners, etc.) needed for their use. This definition does not include television broadcast service (TVBS) antennas or antennas used in whole or in part for broadcasting (except for those antennas or dishes which require broadcasting of a signal solely for the purpose of programming selection, such as some MMDS antennas) or any other type of antenna or dish not listed here.

[Added 7-23-1997 by L.L. No. 5-1997]

VEHICLE SERVICE STATION

Any area of land, including structures thereon, that is used primarily for the sale of gasoline or other motor-vehicle fuel; accessory uses may include the sale of oil, other lubricating substances or motor vehicle accessories, or facilities for lubricating, washing, the incidental replacement of parts, or for motor service to passenger automobiles or trucks, but shall not include general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, or collision service, body repair, frame-straightening, painting or upholstering.

WATERCOURSE

Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash, in and including any area adjacent thereto which is subject to inundation by reason of overflow of floodwater.

WATERCOURSES, PRIMARY

Those watercourses with a tributary drainage area between 20 square miles and four square miles.

WATERCOURSES, SECONDARY

Those watercourses with a tributary drainage area of between one and four square miles.

WATERCOURSES, TERTIARY

Those watercourses with one square mile or less of tributary drainage area.

WATERSHED

The total drainage area contributing runoff to a single point.

WATER TABLE

The level below which the soil is saturated with water.

WETLANDS

Lands and submerged lands commonly called "swamps" or "marshes" which support aquatic or semiaquatic vegetation, plants or brush.

WINDOW SIGN, PERMANENT

Any window sign other than a temporary window sign that is permanently painted or otherwise affixed to a window or door.

WINDOW SIGN, TEMPORARY

Any sign that is affixed to the inside of a window directing attention to a special event, announcement or sale, and said sign shall not be displayed for more than 30 days.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 9-22-2021 by L.L. No. 1-2021]

WIRELESS SUPPORT STRUCTURE

A pole, tower, base station, or other building, whether or not it has an existing communications facility, that is used or to be used for the provision of wireless service (whether on its own or comingled with other types of services).

[Added 9-22-2021 by L.L. No. 1-2021]

WOODLOT

An area of one or more acres of vegetation, the majority of which is classified as woody plants whose trunks are greater than three inches in diameter at a height of three feet above the ground and whose full height reaches a minimum of six feet.

[Amended 11-14-2001 by L.L. No. 8-2001]

YARD

That portion of a lot extending open and unobstructed from the ground upward.

YARD, FRONT

An unoccupied ground area, fully open to the sky, between the front lot line and a line drawn parallel thereto along the front of the building, extending from lot line to lot line.

[Amended 5-26-2004 by L.L. No. 10-2004]

YARD LINE

A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by these regulations.

YARD, REAR

An unoccupied ground area, fully open t the sky, between the rear lot line and a line drawn parallel thereto along the rear of the building, extending from lot line to lot line.

YARD, SIDE

An unoccupied ground area, fully open to the sky, between any lot line other than a front or rear lot line, and a line drawn parallel thereto along the side of the building between the front and rear yards.

[Amended 5-26-2004 by L.L. No. 10-2004]

YARD, REQUIRED

Any yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by these regulations.

Editor's Note: The former definition of "building-mounted antennas," added 7-23-1997 by L.L. No. 5-1997, which immediately followed this definition, was repealed 9-22-2021 by L.L. No. 1-2021.

[2]

Editor's Note: The former definition of "collocated antennas," added 7-23-1997 by L.L. No. 5-1997, which immediately followed this definition, was repealed 9-22-2021 by L.L. No. 1-2021.

[3]

The Drainage Study is on file in the Department of Public Works office.

[4]

Editor's Note: This local law also repealed the former definition of "fall-down zone," added 7-23-1997 by L.L. No. 5-1997, which immediately followed this definition.

§ 201-6 Conflict with other regulations.

In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, it is not intended by these regulations to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings, structures, shelter or premises; nor is it intended by these regulations to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where these regulations imposes a greater restriction upon the use of a building or premises, or requires larger open spaces than are imposed or required by any other statute, ordinance, rule, regulation or permit, or by any easement or agreement, the provisions of these regulations shall control.

§ 201-7 Establishment of zoning districts.

[Amended 2-25-1998]

The Town of Brighton is hereby divided into the following zoning districts:

RLL	Residential - Large Lot
RLA	Residential - Low Density
RLB	Residential - Low Density
RLC	Residential - Low Density
RM	Residential - Medium Density
RHD-1	Residential - High Density
RHD-2	Residential - High Density
BE-1	Office and Office Park
BE-L	Office - Low Density
BE-2	Office/Transitional
BE-3	Office/Commercial - Mixed Use
BE-F	Low Intensity Commercial
BF-1	Neighborhood Commercial
BF-2	General Commercial
IG	Light Industrial
AO	Airport Overlay
EPOD	Environmental Protection Overlay
IPD	Institutional Planned Development
PRD	Planned Residential Development
PUD	Planned Unit Development
TOP	Technology and Office Park
WD	Waterfront Development

§ 201-8 Zoning Map.

The boundaries of the said districts are hereby established as shown on the Zoning Map, Town of Brighton, dated concurrent with the date of adoption of these regulations, which accompanies, and which, will all explanatory matter thereon, is hereby adopted and incorporated into these regulations and shall be as much a part hereof as if fully set forth and described herein. A copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Building and Planning Department for the use and benefit of the public.

§ 201-9 Interpretation of zoning district boundaries.

In determining the boundaries of districts shown on the map, the following rules shall apply:

Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or railroad rights-of-way, or such lines extended, such center lines shall be construed to be such boundaries.

Where such boundaries are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.

[1]In all cases where a district boundary divides a lot in one ownership, and more than 50% of the area of such lot lies in the less restricted district, the regulations prescribed by these regulations for the less restricted district shall apply to such portion of the more restricted portion of the said lot which lies within 30 feet of such district boundary. For purposes of this section, the more restricted district shall be deemed that district subject to regulations which prohibit the use intended to be made of said lot, or which require higher standards with respect to coverage, yards, screening, landscaping and similar requirements.

Editor's Note: Former Subsection A(3), regarding interpretation of district boundaries running parallel to streets, was repealed 11-25-2008 by L.L. No. 6-2008. This local law also redesignated former Subsection A(4) through (7) as Subsection A(3) through (6), respectively.

(4)

In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

(5)

In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the use of a graphic scale on the Zoning Map.

(6)

Where any street or other public way is abandoned in the manner authorized by law, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of the former right-of-way and all of the area included in the abandonment area shall then be subject to all regulations of the extended districts.

In the event that none of the above rules are applicable or there is still uncertainty, the location of such boundary, unless the same is indicated by the dimension on the map, shall be determined by the Building Inspector.

§ 201-10 Effect of establishment of districts.

Following the effective date of these regulations:

No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in these regulations for the district in which such building or land is located.

No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.

No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by these regulations for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of these regulations.

Nothing contained in these regulations shall prevent the construction of a building or other structure which is made nonconforming by these regulations or subsequent amendments hereto for which a building permit has been lawfully issued, provided that either:

Construction of the foundation shall have commenced prior to the effective date of these regulations and construction thereafter is diligently prosecuted.

The Zoning Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations incurred for such nonconforming building or structure prior to the effective date of these regulations.

§ 201-11 Certain public uses excluded.

These regulations shall not be construed as to limit or interfere with the dedication, development or use of any land or building for public parks, public playgrounds or public schools required for compulsory education, nor with the use of land or buildings owned and occupied by the United States Government, the State of New York, the County of Monroe or the Town of Brighton, and used for governmental purposes; nor, upon the obtaining of any necessary permit therefor, with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains or conduits, electric power transmission lines, telephone or telegraph lines, oil pipelines or sewers; nor with any highway railroad right-of-way existing or hereafter authorized by the State of New York, County of Monroe or Town of Brighton. These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities unless otherwise permitted by these regulations in appropriate districts.

§ 201-12 Interpretation of permitted uses.

Any use not permitted by these regulations shall be deemed to be prohibited.

§ 201-13 Lots divided by municipal boundary.

[Added 4-23-2008 by L.L. No. 4-2008]

For a lot divided by one or more municipal boundary lines, the following shall apply in addition to any other requirements of the Code:

Notwithstanding the provisions of § 201-9A(4) and § 201-9A(5) of this chapter, uses permitted in another municipality may not extend into a zoning district of the Town of Brighton where they are not permitted.

The area of the Brighton portion of the lot shall be used for determination of the maximum development of the Brighton portion of the lot permitted by the applicable zoning regulations.

Where the zoning of the Brighton portion of the lot allows single-family detached dwellings, the use of the lot for single-family detached dwelling development shall be limited to one dwelling per lot.

Any use of the lot other than a single-family detached dwelling shall meet the following requirements in addition to any other requirements of the Code:

Pavement and accessory buildings shall not be allowed on the Brighton portion of the lot unless a principal building, or part thereof, is located on the Brighton portion.

The number of parking spaces allowed on the Brighton portion of the lot shall be no more than the number required by § 205-12 and/or by § 205-14 of the Comprehensive Development Regulations for the gross floor area of the principal buildings, or portions thereof, constructed on the Brighton portion of the lot. All other requirements of the Comprehensive Development Regulations for parking shall be met.

Accessory buildings.

(a)

Except for enclosed parking as required for certain uses in § 205-12 of the Comprehensive Development Regulations, the aggregate floor area of accessory buildings allowed on the Brighton portion of the lot shall not exceed the lesser of:

Five percent of the gross floor area of principal buildings, or portions of principal buildings, constructed on the Brighton portion of the lot; or

[2]

One thousand square feet.

(b)

All other requirements of the Comprehensive Development Regulations for accessory buildings shall be met.

(4)

Construction of parking areas and accessory buildings:

(a)

Permits for the construction of parking areas or accessory buildings on the Brighton portion of the lot shall only be issued subsequent to the issuance of a permit for the construction of the proposed principal building(s) required by Subsection D(1),(2) and/or (3), above.

(b)

If a certificate of occupancy for a principal building required by this section is not issued within one year of the date of issuance of its building permit, the Town may require the removal of associated parking areas and accessory buildings constructed in Brighton and require the restoration of the disturbed areas.

(c)

Prior to issuing a permit for the construction of parking areas or accessory buildings, the Town may require a letter of credit or other security to ensure the removal of said areas/buildings and the restoration of disturbed area as may be required by Subsection D(4)(b), above.

§ 201-14 Adoption of list of additional Type I actions.

[Added 11-25-2008 by L.L. No. 6-2008]

Pursuant to 6 NYCRR Part 17, Section 617.4(a)(2), the following list of actions and projects has been identified by the Town as being likely to require the preparation of an environmental impact statement, and was adopted on November 12, 1997, and amended on November 25, 2008, to amend the State Environmental Quality Review Act (SEQRA) list of Type I actions. The following actions are Type I if they are to be directly undertaken, funded or approved by the Town (including its employees, agents, boards and officers):

All those actions designated as Type I actions by 6 NYCRR Part 617, Section 617.4(b).

Physical alteration of 10 or more acres occurring within sites listed in the Town of Brighton Open Space Index Update.

The acquisition, sale, lease, annexation or transfer of 10 or more contiguous acres of land by a state or local agency.

The construction of new residential units that meet or exceed the following thresholds:

Five units not to be connected (at commencement of habitation) to existing community or public water and sewage systems, including sewage treatment works.

Fifty units to be connected (at commencement of habitation) to existing community or public water and sewage systems, including sewage treatment works.

The adoption of changes in the allowable uses within any zoning district, affecting 10 or more acres of the district.

A project or action that meets or exceeds any of the thresholds in this section and that occurs or lies partially in the Town of Brighton and partially in another municipality.

Any unlisted action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within any landmark designated pursuant to the Town of Brighton Historic Preservation Law.[1]